Miss A Jackson v Connected Health Plus Limited — 2021

At a remote telephone hearing on 25 October 2021 before Employment Judge Whittaker, the tribunal had only limited documents and did not initially have a copy of the contract of employment. The hearing was briefly adjourned so that the respondent could send the contract to the claimant and the tribunal could consider it.

The contract showed that the claimant was only entitled to statutory sick pay during periods of sickness. Her schedule of loss had claimed a substantial loss of earnings by comparing statutory sick pay with normal earnings, but after the contract was reviewed the tribunal found that she had received what she was entitled to under the contract. The tribunal also recorded that, although there had been a period of suspension from 1 to 29 April 2021 during which the correct sums were initially not paid, a further retrospective payment had since been made and the claimant accepted that she had been paid the monies due for that period.

The claimant also raised an issue about pension contributions said to be due under the contract. The tribunal recorded that she had already taken that issue up with the pension organisers and the Pensions Ombudsman, that the company had made a retrospective payment after that intervention, and that she wished to pursue any remaining pension issue outside the Employment Tribunal.

On unfair dismissal, the tribunal found that the claimant had clearly not resigned and had clearly not been dismissed, so it was not possible to identify a viable unfair dismissal claim while she remained an employee. After the discussion about the contract and the scope of tribunal jurisdiction, the tribunal could not identify any other claim within the tribunal's statutory jurisdiction. The claimant agreed that her claim form should be marked withdrawn, and the judgment recorded that the claims were dismissed on withdrawal. No monetary award was made.