Secession Ltd t/a Freud v Bellingham - Implied term re sick pay [2005] EAT

An employee of 15 years standing was paid only Statutory Sick Pay (£286) when she went off sick for a month in early 2004. She had no written employment contract. Employees were generally paid in full when off sick, which would have mean that she would have received £2,236. She resigned and claimed constructive dismissal.

A tribunal found in her favour that there was an implied term in her contract that she would be paid in full. The EAT upheld that conclusion.

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