Claimant v Royal Mail Group Limited
Outcome
Individual claims
The tribunal found that the claimant experienced a panic attack on 20 August 2023 and a decline in mental health arising from his disability (anxiety and depression). He was treated unfavourably by being paid only statutory sick pay instead of full-rate sick pay between 25 August and 14 October 2023. The respondent wrongly concluded his absence was not due to genuine illness. This treatment was not justified as the claimant genuinely met the contractual conditions for full sick pay.
The claimant was entitled to full-rate sick pay under the respondent's contractual sick pay policy, as his absence was necessary and due to genuine illness (anxiety and depression). The respondent unlawfully paid only statutory sick pay between 25 August and 14 October 2023, resulting in a series of unauthorised deductions totalling £2,125.18 gross. The tribunal found the conditions in the policy were satisfied and the respondent had no basis to withhold full pay.
The claimant alleged he was denied annual leave in March 2023 during a disciplinary process. However, the tribunal found the respondent explicitly confirmed on 10 March 2023 that the claimant could take his booked leave. The claimant mistakenly believed he had to remain available, but the employer fully expected him to take the leave and paid him at the time. There was no failure to provide or pay for annual leave.
Facts
The claimant, a mail delivery driver employed by Royal Mail since October 2021, suffered from anxiety and depression since 2013. In February 2023 he was disciplined for aggressive conduct and sanctioned with a transfer to a depot 18 miles away (Erskine). The claimant had no viable means of commuting there. On 20 August 2023, the day before he was due to report to Erskine, he had a panic attack and was unable to work. His managers concluded his absence was not due to genuine illness but rather unwillingness to transfer, and paid him only statutory sick pay from 25 August to 14 October 2023. The claimant was certified unfit to work by his GP during this period. He returned to work at Erskine on 14 October 2023 after being offered temporary use of a van.
Decision
The tribunal found the claimant was disabled under the Equality Act 2010 by reason of anxiety and depression. The respondent discriminated against him contrary to section 15 by paying statutory sick pay instead of contractual full sick pay, because his inability to work arose from his disability. The tribunal also found unlawful deductions from wages, as the claimant met the contractual conditions for full sick pay. The tribunal awarded £4,000 for injury to feelings (lower Vento band) plus interest at 8% from 21 August 2023, and £2,125.18 net for unpaid wages. The claim for denial of annual leave in March 2023 was dismissed.
Practical note
Employers must properly assess whether an employee's sickness absence is genuinely due to illness before withholding contractual sick pay, especially where mental health conditions are involved and the absence is medically certified.
Award breakdown
Vento band: lower
Legal authorities cited
Statutes
Case details
- Case number
- 8000466/2023
- Decision date
- 18 June 2024
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Mail delivery driver
- Service
- 2 years
Claimant representation
- Represented
- No