Mrs Lidia Karasinska-Kurpiel v Halcyon Hygiene Limited — 2021

Mrs Lidia Karasinska-Kurpiel was employed by Halcyon Hygiene Ltd from 25 September 2020 as a part-time supervisor paid £9.25 per hour. The tribunal accepted that she did additional work in October 2020, that the overtime had been authorised by her line manager, and that timesheets were submitted. Applying section 13 ERA 1996, it found that 9 hours of overtime remained unpaid and ordered the respondent to pay £83.25, subject to tax and national insurance deductions.

The claimant also pursued non-payment of company sick pay and statutory sick pay arising from sickness absence that began on 17 December 2020. Her written terms stated that statutory sick pay applied. The tribunal found there was no implied contractual entitlement to company sick pay and no evidence that the respondent operated a discretionary or company sick pay scheme.

On the statutory sick pay issue, the tribunal accepted the respondent's evidence that SSP was only paid where the statutory qualifying conditions were met. It found that the claimant's average weekly earnings were £83.25, below the £120 lower earnings limit referred to in the judgment, so she did not qualify for statutory sick pay. The sick pay claims were therefore dismissed. The claimant had withdrawn her interest claim by email dated 4 May 2021, so no interest was awarded.