Commentary

(5) Discretionary schemes

Division BI Pay
| Commentary

(5) Discretionary schemes

| Commentary

(5)     Discretionary schemes

Occasionally, a sick pay scheme will provide that sick pay is to be paid entirely at the discretion of the employer, or (more commonly) that payment beyond a certain period is to be discretionary. It is important for employers to note that even in these circumstances there may be scope for judicial scrutiny of their decisions. The anti-discrimination provisions in the Equality Act 2010 (and in particular the rules relating to disability discrimination) provide one possible route for a legal challenge; the implied duty of trust and confidence provides another. It is also possible that

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