Department for Work and Pensions v Sutcliffe

The Employment Appeal Tribunal (EAT) has held that an employee who was sick during her ordinary maternity leave was not entitled to be paid contractual sick pay during that period.

The Employment Rights Act 1996, section 71 entitles employees on ordinary maternity leave to the benefit of all the terms and conditions of employment that would have applied but for their absence, save for 'remuneration'.