Case 3200092/2024 · Employment Tribunal
Mr J Aleksandravics v DC CB10 Ltd — 2024
- Case reference
- 3200092/2024
- Decision date
- 26 September 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge C Lewis Representation
- Venue
- East London Hearing Centre
Parties
2 namedClaimant
Mr J Aleksandravics
Respondent
Key findings
Tribunal's reasoningNeither party attended the hearing on 26 September 2024, and Employment Judge C Lewis decided the case on the papers under Rule 47 of the Employment Tribunals Rules of Procedure 2013. The claim form and response showed that Mr J Aleksandravics sought Statutory Sick Pay for the period 28 September 2022 to 22 November 2022, while DC CB10 Ltd disputed entitlement on the basis that he was self-employed.
The tribunal held that disputes about entitlement to SSP are to be determined by an officer of HM Revenue and Customs under the relevant social security legislation. It noted that, although SSP is included in the definition of wages in ERA 1996 s 27(1)(b), the employment tribunal has no jurisdiction to consider disputes about the amount of any entitlement to SSP under the deduction from wages provisions in Part II of the ERA 1996.
The claim was therefore dismissed for lack of jurisdiction. The judgment relied on the statutory scheme in the Social Security Contributions (Transfer of Functions, etc) Act 1999 and the Statutory Sick Pay and Statutory Maternity Pay (Decisions) Regulations 1999, and referred to Taylor Gordon & Co Ltd (t/a Plan Personnel) v Timmons and Sarti (Sauchiehall St) Ltd v Polito on the jurisdiction point.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The claim concerned entitlement to Statutory Sick Pay for 28 September 2022 to 22 November 2022. The tribunal held it had no jurisdiction to determine the dispute because entitlement to SSP is for HM Revenue and Customs to decide, subject to appeal. | Dismissed | — | — |
Legal tests applied
6 references- Rule 47 Employment Tribunals Rules of Procedure 2013
- Social Security Contributions (Transfer of Functions, etc) Act 1999 s 8(1)(f), (g)
- Statutory Sick Pay and Statutory Maternity Pay (Decisions) Regulations 1999
- ERA 1996 s 27(1)(b)
- Taylor Gordon & Co Ltd (t/a Plan Personnel) v Timmons
- Sarti (Sauchiehall St) Ltd v Polito
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.
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