Statutory sick pay - employee claiming failure to pay statutory sick pay - unlawful deduction from wages - employment tribunal not having jurisdiction

Taylor Gordon & Co Ltd v Timmons: EAT (Mr Recorder Luba QC): 25 September 2003

The employee brought a claim in an employment tribunal that he had suffered an unlawful deduction from wages in light of his employer's failure to pay him statutory sick pay.

The tribunal found, following argument, that it had jurisdiction to hear a claim so framed; and that the claim was made out.

On appeal, the employer challenged those rulings.

Timothy Brennan QC (instructed by Dawson & Co) for the employer; Andy Freer, solicitor-advocate (Pattinson & Brewer) for the employee.

Held, allowing the appeal, that it appeared to be a novel question, whether an employment tribunal had jurisdiction, in relation to sections 27(1)(b) to 27(1)(cb) of the Employment Rights Act 1996, to determine disputes as to whether those forms of 'statutory pay' were 'payable to the worker'; that statutory sick pay had, at all times, been within the territory of the social security system and not employment tribunals, and in particular section 8(1) of the Social Security Contributions (Transfer of Functions, etc) Act 1999 vested an exclusive jurisdiction in the officers of the Inland Revenue to determine issues as to entitlement to the relevant statutory payments; that it was not one of the rare cases where it might be appropriate to stand matters over pending the authorities' decision as to entitlement, and the employee should simply pursue his claim with those authorities, so that, if he was entitled, it would be settled by the employer or, in default, the Inland Revenue.