Case 1404220/2021 · Employment Tribunal
Represented by Mr Cooper For the v Represented by Ms Neilson — 2022
- Case reference
- 1404220/2021
- Decision date
- 23 June 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Lowe Case
Parties
2 namedClaimant
Represented by Mr Cooper For the
Respondent
Key findings
Tribunal's reasoningAt a video hearing on 10 June 2022, Employment Judge Lowe dealt with holiday pay, sick pay, interest and pension contribution claims. The holiday pay claims (1 and 2) were dismissed because the tribunal recorded that the Claimant had now received the sums outlined as owed. The sick pay claims (3, 4 and 5) were upheld, but the amount payable was left for later determination. The claims for interest and pension contributions (6 and 7) were dismissed.
On quantum for sick pay, the tribunal found that sick pay is attributable for each rolling year. It defined a rolling year as the year immediately preceding the start of a period of sickness, referring to the letter dated 22 January 2020 from Harrison Catering Services Limited to the Claimant. The tribunal found that sick pay entitlements accrued while the Claimant was on sickness absence in accordance with that letter, and that any award calculation was to be on a net basis.
The tribunal identified the relevant periods for the quantum exercise as 15 May 2018 to 14 May 2019, 15 May 2019 to 14 May 2020, 15 May 2020 to 14 May 2021, and 15 May 2021 to 26 May 2021. It directed the Respondent to send calculations to the Claimant, for the Claimant to reply, and for the matter to return to Employment Judge Lowe on the papers if the figures were not agreed.
Claims and outcomes
4 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Claims 1 and 2. The tribunal dismissed the holiday pay claim because the Claimant had now received the sums outlined as owed. | Dismissed | — | — |
| Other | Claims 3, 4 and 5. The sick pay claim was upheld, but quantum was to be determined separately in accordance with the tribunal's findings. | Upheld | — | — |
| Other | Claim 6. The claim for interest was dismissed. | Dismissed | — | — |
| Other | Claim 7. The claim for pension contributions was dismissed. | Dismissed | — | — |
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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