Claimant v Essex County Council
Outcome
Individual claims
The tribunal found that the contract's continuous service date of 13 January 2021 was a clear mistake given the claimant's 20-month employment gap from March 2022 to November 2023. Applying the principles in East v Pantiles, the correct continuous start date was 27 November 2023. With less than 12 months' service at the time of sickness absence, the claimant was not entitled to the enhanced contractual sick pay provisions (3 months full pay and 3 months half pay). Therefore, no unlawful deduction occurred as the respondent was under no obligation to make the payments claimed.
Facts
The claimant worked for the respondent from January 2021 to March 2022, then left to work elsewhere. He re-joined the respondent on 27 November 2023 as an Analyst. His contract stated a continuous service start date of 13 January 2021. When the claimant took sick leave, he claimed entitlement to enhanced contractual sick pay (3 months full pay and 3 months half pay) based on three years' continuous service. The respondent argued the contract date was an error and his continuous service started on 27 November 2023, giving him less than 12 months' service.
Decision
The tribunal held that the continuous service date of 13 January 2021 in the contract was a clear and obvious mistake, given the undisputed 20-month gap in employment from March 2022 to November 2023. Applying the principles from East v Pantiles, the tribunal corrected the date to 27 November 2023 as a matter of contractual construction. With less than 12 months' service, the claimant was not entitled to enhanced sick pay and no unlawful deduction of wages occurred. The claim was dismissed.
Practical note
A tribunal can correct a clear mistake in a contract as a matter of construction without formal rectification proceedings if the error is obvious and the correction is clear, particularly where a literal reading would produce an absurd result inconsistent with undisputed background facts.
Legal authorities cited
Statutes
Case details
- Case number
- 6012908/2024
- Decision date
- 23 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Essex County Council
- Sector
- local government
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Analyst
Claimant representation
- Represented
- Yes
- Rep type
- barrister