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MerseyRail Electrics 2002 Ltd v Taylor - When can contractual sickpay be withheld? [2007] EAT

Ms Taylor worked as a penalty fares inspector for Merseyrail. She was absent for 7 weeks. Due to the timing of the absence her managers suspected this was actually "pique" due to a disagreement, rather than genuine illness. Since her employment contract provided that sick pay could be withheld if there was doubt about the reasons for it, Merseyrail stopped her pay. The tribunal found that this was unlawful deduction of pay. The EAT agreed and dismissed Merseyrail's appeal.

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