Claimant v Premium Support Services Limited
Outcome
Individual claims
The respondent confirmed to the tribunal that annual leave accrued during the claimant's sick leave had been carried over. The claimant acknowledged he had not taken any annual leave for which he had not been paid. The claim was therefore dismissed as withdrawn.
The tribunal dismissed the claim for unpaid statutory sick pay on the basis that the claimant did not meet the threshold for statutory sick pay. The claimant had in fact been overpaid for a period of his sick leave due to an administrative error, which the respondent agreed not to pursue for repayment.
Facts
The claimant brought claims for unpaid holiday pay and unpaid statutory sick pay against his employer. The claimant had been on sick leave and alleged he had not been properly paid. At a preliminary hearing, the respondent confirmed annual leave had been carried over during sick leave and the claimant acknowledged he had no outstanding unpaid holiday. The claimant did not meet the statutory threshold for statutory sick pay and had in fact been overpaid during sick leave due to an administrative error.
Decision
The tribunal dismissed the holiday pay claim as withdrawn after the claimant confirmed he had no outstanding unpaid leave. The statutory sick pay claim was dismissed on its merits because the claimant did not meet the threshold for entitlement, and had in fact been overpaid. The respondent agreed not to pursue recovery of the overpayment.
Practical note
Claims for statutory sick pay require claimants to meet specific earnings thresholds, and employers should verify entitlement before making payments to avoid administrative errors.
Case details
- Case number
- 6003201/2025
- Decision date
- 11 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No