RMT General Grades Committee decision:

We note that Sodexo stopped the occupational sick pay of our representative Petrit Mihaj, claiming that a clause in the contract of employment allows the company to withhold sick pay if an employee is under notice of or part of the disciplinary process.

We believe that this clause is deeply unfair, as it causes a detriment to an employee without him or her being found to have done anything wrong, or even to have been charged with doing anything wrong.

We instruct the General Secretary to commence proceedings to challenge the legality of this contract clause. We note the legal advice received so far. Nevertheless, we believe this issue is important, affecting not just this case but many others, particularly vulnerable workers at the mercy of unscrupulous employers. If we can successfully establish that this clause is unlawful, this would benefit many workers, enhance RMT’s reputation amongst members, potential members and the whole workers’ movement, and would curtail one of the excesses of super-exploitative employers.