Commentary

(8) Receipt of contractual sick pay and constructive dismissal

Division BI Pay
| Commentary

(8) Receipt of contractual sick pay and constructive dismissal

| Commentary

(8)     Receipt of contractual sick pay and constructive dismissal

Receipt of contractual sick pay may be relevant when determining whether there has been a constructive dismissal. The issue is whether by accepting contractual sick pay the employee has affirmed the contract, thereby losing the right to resign and claim constructive dismissal. There appears to be no absolute rule, and recent case law in this area, including Mari v Reuters Ltd UKEAT/0539/13 (30 January 2015, unreported) and Chindove v William Morrison Supermarkets Ltd UKEAT/0201/13 (26 March 2014, unreported), is considered at DI [530] ff.

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