Sarti (Sauchiehall St) Ltdv. Polito [2008] UKEAT 0049_07_1706 (17 June 2008)

Sarti (Sauchiehall St) Ltdv. Polito [2008] UKEAT 0049_07_1706 (17 June 2008)

The Employment Tribunal has no jurisdiction to determine whether an employee is entitled to Statutory Sick Pay; such jurisdiction is vested exclusively in the Board of the Inland Revenue. The only claim before the Tribunal was for constructive dismissal based on non-payment of SSP, which the Tribunal cannot adjudicate without first determining entitlement to SSP. As the Tribunal lacks jurisdiction over the core issue, the claim must be dismissed.

Citation
[2008] UKEAT 0049_07_1706
Parties
Claimant: Mr Polito; Respondent: Respondents (unnamed)
Jurisdiction
United Kingdom
Judgment Date
17 June 2008
Procedural Posture
Employment Tribunal Appeal / Appeal Against Tribunal's Jurisdictional Decision
Outcome
Appeal allowed; claim dismissed for want of jurisdiction.
Legal Topics
Statutory Sick Pay, Jurisdiction of Employment Tribunal, Constructive Dismissal, Unlawful Deduction From Wages, Statutory Grievance Procedures
Employment Law Social Security Law Statutory Sick Pay Jurisdiction of Employment Tribunal Constructive Dismissal Unlawful Deduction From Wages Statutory Grievance Procedures

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mr Polito

Claimant

Respondents (unnamed)

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Tribunal's Jurisdictional Decision

Legal Issues

  1. 1 Does the Employment Tribunal have jurisdiction to determine entitlement to Statutory Sick Pay (SSP)?
  2. 2 Was there compliance with statutory grievance procedures for claims presented?
  3. 3 Is the claim for constructive dismissal justiciable in the circumstances?

Ratio Decidendi

The Employment Tribunal has no jurisdiction to determine whether an employee is entitled to Statutory Sick Pay; such jurisdiction is vested exclusively in the Board of the Inland Revenue. The only claim before the Tribunal was for constructive dismissal based on non-payment of SSP, which the Tribunal cannot adjudicate without first determining entitlement to SSP. As the Tribunal lacks jurisdiction over the core issue, the claim must be dismissed.

Court Disposition

Appeal allowed; claim dismissed for want of jurisdiction.

Orders

  • The appeal is allowed.
  • The claimant's claim is dismissed.