Is a Discretionary Clause in a Sick Pay Scheme Always Permissible?

Posted in : Equality Law Decisions on 14 February 2023
Dermot Casserly
DWF (Ireland) LLP
Issues covered: Sick Pay Scheme; Absence; Accident at Work

Marek Adamiuk v Tesco Ireland Limited ADJ-00034163

The Employee's Position

The complainant commenced employment with the respondent on 1 February 2008 as a Warehouse Operative. He states that he was injured in work on the night of 13 May 2021 while lifting a crate of wine. He states that in trying to save the stock, he hurt his back. He asserts that his contract provides for sick leave payment during absence due to illness but the respondent failed to honour said payment. The complainant states that the respondent is in breach of the Payment of Wages Act by not paying him his entitlement to sick leave payment which is set out in his contract of employment and in the employee handbook.

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This article is correct at 14/02/2023

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Dermot Casserly
DWF (Ireland) LLP

The main content of this article was provided by Dermot Casserly. Contact telephone number is +353 (0)1 790 9400 or email

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