Customs & Excise v. Sawdon [2001] UKEAT 0265_00_2706 (27 June 2001)

Customs & Excise v. Sawdon [2001] UKEAT 0265_00_2706 (27 June 2001)

The entitlement to AAA during sick leave is limited to the first 60 days, as specified in the contractual and regulatory documents. Extension of sick leave due to injury does not alter the calculation method or expand AAA entitlement beyond this period. The Employment Tribunal's interpretation of 'full pay' to include AAA for the entire period is unsupported by the relevant documents.

Citation
[2001] UKEAT 0265_00_2706
Parties
Appellant: HM Customs & Excise; Respondent: D D Sawden
Jurisdiction
United Kingdom
Judgment Date
27 June 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal allowed
Legal Topics
Unlawful Wage Deductions, Sick Pay Entitlement, Annual Attendance Allowance, Injury Benefits
Employment Law Contract Law Unlawful Wage Deductions Sick Pay Entitlement Annual Attendance Allowance Injury Benefits

Case Brief

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Parties

HM Customs & Excise

Appellant

D D Sawden

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the appellant made unlawful deductions from the respondent's wages in respect of the Annual Attendance Allowance (AAA) during sickness absence
  2. 2 Whether 'full pay' during sick leave includes AAA for the entire period or only for the first 60 days
  3. 3 Whether injury-related absence alters the calculation of AAA entitlement

Ratio Decidendi

The entitlement to AAA during sick leave is limited to the first 60 days, as specified in the contractual and regulatory documents. Extension of sick leave due to injury does not alter the calculation method or expand AAA entitlement beyond this period. The Employment Tribunal's interpretation of 'full pay' to include AAA for the entire period is unsupported by the relevant documents.

Court Disposition

appeal allowed

Orders

  • Employment Tribunal's finding of unlawful deduction set aside