Cook with 22 years' service loses claim for contractual sick pay
A cook who claimed unauthorised deductions from his wages after being paid only statutory sick pay had his claim dismissed. The tribunal found the employer had discretion over contractual sick pay and had exercised it lawfully.
1 min read · Last updated 19 May 2026
Case details
- #long-service
- #sick-pay
- #statutory-sick-pay
- #contractual-sick-pay
- #shoulder-injury
Key facts
- Claimant started work as a Cook on 11 October 2001 and is still employed.
- Claimant last worked on 18 January 2023 and then went off sick with shoulder pain.
- Claimant presented self-certificate and GP fit notes for shoulder pain.
- Claimant was paid statutory sick pay but no contractual sick pay as per employer's discretion.
- Claimant's payslips show he was paid correctly for hours worked and sick pay.
- Claimant's claim for unauthorised deductions from wages was dismissed.
Timeline
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Employment started
Claimant began working for respondent as a Cook.
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Last day at work
Claimant was sent home or went home due to raising concerns about working conditions.
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Self-certificate issued
Claimant provided a self-certificate for arm and shoulder pain.
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GP fit note starts
GP issued a statement of fitness for work for shoulder pain, covering 30 Jan to 27 Feb 2023.
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Claim presented
Claimant presented his claim for unauthorised deductions from wages to the tribunal.
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Strike out warning
Claimant received a strike out warning regarding his unfair dismissal claim.
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Unfair dismissal struck out
Employment Judge Heath struck out the unfair dismissal claim as having no reasonable prospect of success.
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Final hearing
Employment Judge Tsamados heard the unauthorised deductions claim and dismissed it.
The legal issue
Whether the employer made unauthorised deductions from the claimant's wages by not paying him contractual sick pay during his absence due to shoulder pain.
The outcome
The tribunal dismissed the claim for unauthorised deductions from wages.
The key reason was that the claimant's contract gave the employer discretion to pay contractual sick pay, and the employer had not exercised that discretion. The claimant was paid statutory sick pay as required.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- Check your employment contract carefully: if sick pay is discretionary, your employer is not obliged to pay it.
- Only deductions that occurred before you presented your claim to the tribunal can be considered – future losses are not covered.
- If you believe your working conditions caused your illness, that is a personal injury matter for the county court, not an employment tribunal claim for wages.
- Representation matters: the employer had a solicitor, while the claimant represented himself and struggled with the legal scope of his claim.
A long-serving employee's misunderstanding of his rights
This case shows how even employees with decades of service can misunderstand the scope of their legal rights. The claimant, a cook who had worked for KZ Catering Ltd for over 22 years, went off sick with shoulder pain in January 2023. He expected to receive his full wages while off work, but the employer paid only statutory sick pay.
The claimant brought a claim for unauthorised deductions from wages, arguing that he should have been paid contractual sick pay. However, his contract of employment made clear that contractual sick pay was at the employer's discretion. The employer chose not to exercise that discretion, and the tribunal found this was lawful.
What the employer did right
KZ Catering Ltd had a clear contractual clause giving it discretion over sick pay. It paid the claimant statutory sick pay, which was not disputed. The company also produced payslips showing the claimant had been paid correctly for the hours he worked and for statutory sick pay. By sticking to the terms of the contract, the employer avoided any finding of unauthorised deductions.
Why the result matters
This case is a reminder that employment tribunals can only deal with past deductions that occurred before the claim was presented. The claimant also tried to raise issues about his working conditions causing his injury, but the tribunal explained that such personal injury claims must be brought in the county court. Employees who believe their employer's actions have caused them harm need to use the correct legal route.
For anyone considering a similar claim, the key takeaway is to understand the precise terms of your contract and the limits of what an employment tribunal can decide. If your contract gives your employer discretion over sick pay, you may have no right to receive it beyond the statutory minimum.
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