Unpaid statutory sick pay: former employee wins £99 but unfair dismissal claim fails

A small but clear victory for unpaid sick pay

This case shows that even a relatively small amount of unpaid statutory sick pay can be successfully challenged at an employment tribunal. The former employee of Bispham and Cleveleys Kitchens Limited was owed one week's sick pay when her employment ended on 1 May 2022. The employer failed to pay it, leading to a claim for unlawful deduction of wages.

What the tribunal decided

The tribunal found in favour of the employee on the unlawful deduction claim, ordering the company to pay £99.35 — the agreed amount for one week's statutory sick pay. However, her separate claim for automatic unfair dismissal was dismissed because it was not well founded. The judgment was issued by Employment Judge Buzzard in a video hearing at Liverpool.

What the employer could have done differently

The employer could have avoided the claim entirely by ensuring that all statutory sick pay was included in the final wage payment. Even a small oversight can lead to tribunal proceedings and an award against the company. For employees, this case is a reminder that they are entitled to statutory sick pay for all weeks of employment, and that the tribunal can enforce that right.

Why this matters

While the compensation is modest, the case reinforces the principle that employers must comply with statutory sick pay obligations. It also highlights that not every dismissal claim will succeed — the employee's unfair dismissal claim failed, showing that each element of a claim must be properly evidenced.