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Guthrie v Scottish Courage Ltd

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    Guthrie v Scottish Courage Ltd [2004] All ER (D) 15 (Jun) EAT (0 other reports)

In Guthrie v Scottish Courage Ltd [2004] All ER (D) 15 (Jun) EAT, the Employment Appeal Tribunal (EAT) upheld a tribunal chair's decision that the employer had made an unlawful deduction from wages when it withheld company sick pay because it had reached a perverse conclusion that the employee's illness was not genuine.

The company rules, incorporated into Mr Guthrie's contract of employment, provided that 'employees who are absent from work as a result of genuine illness and who fulfil all the requirements of the Scheme Rules will be eligible for Benefit as follows…'.