Claimant v Asda Stores Limited
Outcome
Individual claims
The tribunal found that the claimant had been employed for fewer than 39 weeks and therefore was not eligible for Company Sick Pay (CSP) which would have included discretionary 'accident pay'. The claimant received properly calculated Statutory Sick Pay from day 4 of her absence. There was no contractual entitlement to accident pay and the respondent had paid all amounts properly owed under the claimant's contract.
The claimant confirmed at the hearing that she did not seek to pursue a claim for holiday pay and it was dismissed upon withdrawal.
Facts
The claimant was employed by ASDA as a Night Replenishment Operative from September 2023. After a workplace accident in May 2024, she went off sick and received Statutory Sick Pay (SSP) rather than the more generous Company Sick Pay (CSP). She believed she was entitled to full pay or 'accident pay' based on assurances from her manager and understanding that workplace accident victims received full pay. She had 37 weeks' service but needed 39 weeks to qualify for CSP, which included discretionary payment for the first three waiting days in accident cases.
Decision
The tribunal dismissed the claim for unlawful deduction of wages, finding that the claimant was not eligible for CSP or discretionary 'accident pay' because she had been employed for fewer than 39 weeks. The respondent had properly calculated and paid SSP from day 4 of her absence, and there was no contractual entitlement to any additional payment. The holiday pay claim was dismissed upon withdrawal.
Practical note
Contractual sick pay eligibility requirements, including qualifying service periods, will be strictly applied even where a manager has given well-meaning but unauthorised assurances and where the absence results from a workplace accident.
Case details
- Case number
- 6007229/2024
- Decision date
- 24 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Night Replenishment Operative
- Service
- 9 months
Claimant representation
- Represented
- No