Claimant v Shaw Trust Limited

The tribunal found that the respondent had taken significant steps to address the claimant's grievance. Her line manager was changed to Mr Allen, contact with MM was minimal, and her requests to work from home were granted. The tribunal found no breach of the implied term of trust and confidence, concluding that the respondent had reasonable and proper cause for its conduct and that this conduct was not calculated or likely to destroy or seriously damage trust and confidence.

The tribunal concluded that the claimant's entitlement to sick pay changed when she accepted a new role in a restructure in July 2015. The claimant signed documentation accepting Prospects v2 terms, which provided for two months full pay and two months half pay for sick leave, rather than the six months full and six months half she had previously enjoyed. The sole or principal reason for the change was the restructure, not the earlier TUPE transfer in March 2015, and so the variation was valid.

The tribunal found the claimant was not entitled to additional sick pay under her contract. Her terms and conditions changed in July 2015 when she accepted a new role following a restructure. The sick pay entitlement under the Prospects v2 Handbook (two months full pay, two months half pay) was properly payable, and the respondent had not made an unauthorised deduction from wages.