Employment4 min read30 April 2026

I Was Paid Less Sick Pay Than My White Colleagues

Based on: Francois v Stay Safe East (Case No. 3200052/2023, East London ET) · View judgment

The Scenario

An employee with Lupus was paid only SSP for 8 weeks despite being entitled to contractual sick pay. White colleagues appeared to receive better treatment.

The Conversation

This is how Case Buddy would handle this scenario — the same experience you get on the platform.

You

I have worked for a disability charity since April 2019, three days a week. I have SLE/Lupus which I disclosed when I applied. In mid-2022, I fell ill while I was abroad attending my aunt's funeral. When I came back, my employer only paid me statutory sick pay for eight weeks even though I was entitled to full pay under my contract because I had three years' service. Two white colleagues seemed to be treated better than me.

Case Buddy

Thank you for sharing this. It sounds like you were underpaid during sickness absence despite having a contractual entitlement to full pay, and you believe this may be connected to your race. To help me understand — did your employer eventually correct the sick pay after you raised it, and were the two white colleagues in similar roles with similar service?

You

I had to ask to see my contract before they agreed to pay the difference. The two white colleagues had similar length of service. They seemed to get their contractual sick pay without having to fight for it.

Case Buddy

Here is the legal position: **Contractual sick pay:** If your contract entitles you to full sick pay after a qualifying period, your employer must honour that. Paying only statutory sick pay when contractual sick pay applies is a breach of contract. **Race discrimination:** Under Section 13 of the Equality Act 2010, direct race discrimination occurs where a person is treated less favourably than a comparator because of their race. The key elements of a potential discrimination claim: 1. **Less favourable treatment** — you were paid only SSP while white colleagues with similar service received contractual sick pay without challenge 2. **Comparators** — the two white colleagues in similar roles with similar service can serve as actual comparators 3. **Burden of proof** — if you can show facts from which discrimination could be inferred (the difference in treatment between you and your comparators), the burden shifts to the employer to prove a non-discriminatory reason **Your options:** - A claim for **direct race discrimination** under the Equality Act 2010 — compensation is uncapped and includes injury to feelings - A claim for **unlawful deduction from wages** or **breach of contract** for the underpaid sick pay - The time limit is 3 months less one day from the last act of discrimination (contact ACAS for Early Conciliation first) For free advice, contact ACAS on 0300 123 1100 or the Equality Advisory Support Service on 0808 800 0082. *This is legal information, not legal advice. For advice specific to your circumstances, consult a qualified solicitor.*

The Correct Legal Position

•Under s.13 Equality Act 2010, direct race discrimination occurs where a person is treated less favourably because of their race.
•Employers must apply contractual sick pay entitlements consistently regardless of race.
•If the claimant can show facts from which discrimination could be inferred, the burden of proof shifts to the employer.
•Compensation for discrimination is uncapped and includes injury to feelings assessed under the Vento bands.

What the Court Decided

The tribunal found the claim of direct race discrimination succeeded — the claimant was treated less favourably than white comparators in relation to sick pay entitlement.

Important: This case study is for educational purposes only. Case Buddy provides legal information, not legal advice. Every situation is different — for advice specific to your circumstances, consult a qualified solicitor. Free advice is available from Shelter (housing), ACAS (employment), and StepChange (debt).

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