Workplace Report December 2003

Features: Law - Statutory sick pay

Statutory sick pay

Statutory sick pay claims cannot be pursued through the employment tribunals.

The facts

Stuart Timmons was not paid his statutory sick pay (SSP). He pursued the claim for non-payment through the employment tribunals.

The ruling

The EAT held that Timmons could not use the tribunals to make the claim. The non-payment of SSP does not amount to an unlawful deduction from wages and has to be pursued through the Benefits Agency.

* Taylor Gordon & Co v Timmons, The Times Law Reports, 25 September 2003