Miss L Kee v Whitbread Group plc — 2019

Case reference: 2410392/2019
Decision date: 29 October 2019
Jurisdiction: England & Wales
Judge: Employment Judge Franey

Indexed: 19 May 2026

Parties

2 named

Claimant

Miss L Kee

Respondent

Whitbread Group plc

Key findings

Tribunal's reasoning

The claimant alleged that the respondent had made unlawful deductions from pay by failing to pay statutory sick pay during two periods of sickness absence in 2019, from 26 April to 16 May and from 2 to 31 July. The respondent disputed that the claimant was entitled to statutory sick pay during those periods.

Employment Judge Franey, sitting alone, held that an employment tribunal was not empowered to resolve such disputes under Part II of the Employment Rights Act 1996. The judgment stated that entitlement disputes of this kind are for HMRC to resolve under social security legislation, with a separate right of appeal. The unlawful deductions complaint therefore failed and was dismissed.

Claims and outcomes

1 finding recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unlawful deduction from wages	The complaint concerned alleged non-payment of statutory sick pay during two periods of sickness absence in 2019. The tribunal held it was not empowered to resolve the SSP entitlement dispute under Part II of the Employment Rights Act 1996.	Dismissed	—	—

Legal tests applied

3 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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