C Whyman v Accent Catering Services Ltd

Reference number 2300408-2023

EMPLOYMENT TRIBUNALS London South Employment Tribunal 9th August 2023 (video) Claimant: Caroline Whyman Respondent: Accent Catering Services Limited Full merits hearing Before: Judge M Aspinall (sitting alone as an Employment Judge) Appearances: Mrs C Whyman in person Mrs C Fitzgerald for the Respondent

JUDGMENT WITH REASONS Judgment

1. The Claimant's claim that she was entitled to company sick pay succeeded on its merits. The Respondent failed to reasonably exercise discretion when denying her contractual sick pay, resulting in an unlawful deduction under Section 13 ERA 1996.

2. However, the claim was brought 26 days outside the applicable time limit set out in Section 23(2) ERA 1996. The Claimant did not demonstrate that it was not reasonably practicable to bring the claim in time nor that it was brought as soon as reasonably practicable thereafter. Applying the principles in Selkent, I found that there were no proper grounds to extend time. While the claim would s...