Store manager awarded £2,466 after employer deducted sick pay without agreement
A store manager with only 9 months' service won her claim for unauthorised wage deductions after her employer deducted sick pay she was promised. The tribunal ordered La Portegna Limited to pay £2,466.56.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a store manager from 9 August 2021 to 6 May 2022.
- The respondent agreed to pay the claimant full pay during sickness absence.
- The respondent deducted sick pay from the claimant's wages without her agreement.
- The claimant was given 11 days' notice instead of the contractual 2 weeks.
- The claimant accrued 21 days' holiday but took only 16, leaving 5 days untaken.
Timeline
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Employment commenced
Claimant started work as store manager at La Portegna Limited.
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Bank holiday taken as leave
Claimant took 30 August 2021 as annual leave.
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10 days holiday taken
Claimant took 10 days holiday in September 2021.
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Store closed for Christmas
Store closed on 25 and 26 December 2021; claimant did not work those days.
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Sick leave started
Claimant went on sick leave from 29 December 2021 to 24 January 2022 for an operation in Madrid.
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Sick leave
Claimant was sick on 26 February 2022 and paid full pay.
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Ankle injury
Claimant injured ankle and was absent 18-19 March 2022, paid full pay.
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COVID-19 self-isolation
Claimant self-isolated with coronavirus from 4-8 April 2022.
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Holiday taken
Claimant took holiday on 14, 15 and 18 April 2022 (15 and 18 were bank holidays).
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Notice of termination
Claimant given notice of termination, said to expire 6 May 2022 (11 days instead of 2 weeks).
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Employment terminated
Claimant's employment ended.
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Final payment made
Respondent made a single payment of £507.56 and £538.46 gross for April and May, after deducting 17 days for alleged unauthorised absence/sick pay.
The legal issue
Whether the employer made unlawful deductions from the employee's wages by deducting sick pay that had been promised, and whether she was entitled to notice pay and accrued holiday pay on termination.
The outcome
The tribunal upheld the store manager's claims for unauthorised deductions, holiday pay, and breach of contract (notice pay).
- Unauthorised deductions: £1,747.68 gross (sick pay wrongly deducted)
- Holiday pay: £538.46 gross for 5 untaken days
- Notice pay: £180.42 net (shortfall from contractual 2 weeks' notice)
- Total: £2,466.56
Lessons & takeaways
- If your employer agrees to pay full sick pay, they cannot later deduct it without your consent – doing so is likely an unlawful deduction.
- Even with short service (under 2 years), you can still bring claims for unauthorised deductions, holiday pay, and breach of contract.
- Keep records of your agreed terms, especially if no formal contract is signed – the tribunal will rely on what was actually agreed and paid.
When a promise of sick pay is broken
This case shows what can happen when an employer agrees to pay full sick pay but then changes their mind. The store manager, who had worked for La Portegna Limited for just nine months, was told she would receive full pay during sickness absence. The employer honoured that agreement for several absences, but later deducted the sick pay from her final wages without discussing it with her first.
The tribunal found that the employer had no right to unilaterally claw back the sick pay. Because the agreement was clear and had been acted upon, the deductions were unlawful. The manager also succeeded in her claim for unpaid holiday pay – she had accrued 21 days but only taken 16, leaving 5 days untaken – and for breach of contract because she was given only 11 days' notice instead of the contractual 2 weeks.
What the employer could have done differently
The employer's director admitted he discussed the sick pay issue with his accountant but never raised it with the employee. A simple conversation to seek agreement before making deductions would have avoided the claim. Similarly, failing to pay the correct notice period and accrued holiday leave on termination left the employer exposed to a straightforward breach of contract claim.
Why this matters for similar claims
This case is a reminder that employment rights around wages are strict. Even employees with less than two years' service can bring claims for unauthorised deductions, holiday pay, and notice pay. The key is to have clear evidence of what was agreed – here, the employer's own conduct of paying full sick pay on previous occasions helped prove the agreement. For anyone in a similar situation, keeping a record of pay slips, emails, and any discussions about pay terms is essential.
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