November 30, 2006 08:23 ET

Employee receives £52,000 award after employer refuses sick pay

LONDON, UNITED KINGDOM--(CCNMatthews - Nov. 30, 2006) - An Amicus member, has received more that GBP 52,000 in compensation after his employer Omya UK Limited, refused to pay him contractual sick pay for almost six months when he was absent from work suffering from work-related stress.

The Hull Employment Tribunal found that Mr Key was unfairly and constructively dismissed and that unlawful deductions were made from his wages.

Mr Key raised a formal grievance with his employer Omya UK limited, when they refused to pay him but it was rejected because Omya refused to accept that he was genuinely ill, despite him being signed off work by his G.P. After almost six months of only being paid Statutory Sick Pay, Mr Key resigned in response to Omya's treatment of him.
The Tribunal found that Omya, in refusing to pay Mr Key contractual sick pay, was in breach of his contract of employment and that it had made unlawful deductions from his wages.

The Tribunal also found that Omya's refusal to pay Mr Key contractual sick pay was a fundamental breach of his contract of employment and that he had been entitled to resign in response to that breach. In finding that Mr Key had been unfairly constructively dismissed, the Tribunal placed importance on the fact that he had protested about his treatment throughout his absence.

Mr Key worked as a maintenance fitter and had been employed by the company for 26 years when he was constructively dismissed. Omya UK Limited is a white minerals manufacturer and distributor.

Amicus, National Officer, Dave Gibbs, says

"Omya treated Mr Key terribly. However, with Amicus' backing he was able to take on the company using Amicus' solicitors and win. Omya will think twice about treating an Amicus member so badly in the future.

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