Claimant v Environmental Products and Services Limited
Outcome
Individual claims
The claimant was certified fit to return to work from 23 December 2022. The respondent had no basis to refuse his return or keep him on SSP. The respondent should have arranged an occupational health referral if it had concerns, not withhold wages. The claimant was entitled to full pay for 5.5 weeks from 23 December 2022 to 31 January 2023, minus the SSP already paid.
The tribunal found that the claimant had already been paid his accrued holiday pay in his February 2023 payslip. The payslip showed a payment marked 'holiday day rate 2.5 days' amounting to £277.84. As the holiday pay had already been paid, the claim for unpaid accrued leave failed.
Facts
The claimant worked as a Field Technician for a Northern Ireland-based company but was based in Essex. He injured his knee and was on certified sick leave until 23 December 2022. He notified the respondent he was fit to return to work, but the respondent refused, demanding additional medical evidence and keeping him on Statutory Sick Pay until 31 January 2023. A jurisdictional issue arose because the contract contained a Northern Ireland jurisdiction clause, but the claimant worked in England. The claimant claimed unpaid wages for the 5.5-week period when he was wrongly kept on SSP, and also claimed unpaid holiday pay.
Decision
The tribunal held it had jurisdiction because the claimant was working in Great Britain and the respondent carried on business in England. The jurisdiction clause could not override statutory rights. The tribunal found that the respondent had no basis to refuse the claimant's return to work after 23 December 2022 when he was certified fit. The unlawful deduction claim for that period succeeded. The holiday pay claim failed because the claimant had already been paid accrued holiday in his final payslip.
Practical note
A contractual jurisdiction clause limiting disputes to Northern Ireland courts cannot prevent an employee working in England from bringing a statutory claim in an English employment tribunal.
Award breakdown
Award equivalent: 3.8 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 3200532/2023
- Decision date
- 14 March 2024
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Employment details
- Role
- Field Technician
- Salary band
- £25,000–£30,000
- Service
- 3 months
Claimant representation
- Represented
- No