Q&As

Is there any authority for the recovery in a Schedule of loss of voluntary payments of sick pay by an employer to the employee made upon the understanding that the employee would receive voluntary sick pay provided they reclaimed it from the tortfeasor’s insurers?

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Published on LexisPSL on 05/06/2017

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Is there any authority for the recovery in a Schedule of loss of voluntary payments of sick pay by an employer to the employee made upon the understanding that the employee would receive voluntary sick pay provided they reclaimed it from the tortfeasor’s insurers?

Is there any authority for the recovery in a Schedule of loss of voluntary payments of sick pay by an employer to the employee made upon the understanding that the employee would receive voluntary sick pay provided they reclaimed it from the tortfeasor’s insurers?

If the employer makes payments voluntarily without being under any liability to do so, if a third party is the defendant they will not be allowed to set off such payments, because they are due to the benevolence of the employer and fall within the same category as charitable assistance. A claimant is not required to give credit

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