Claimant v Bidvest Noonan (UK) Limited
Outcome
Individual claims
The Tribunal found that the respondent made an unauthorised deduction from the claimant's wages by failing to pay for holiday accrued but not taken during 01 January 2024 to 31 March 2024 totalling £876.26. The respondent also underpaid the claimant for annual leave taken between February 2024 and March 2025 by £304.80.
Facts
The claimant brought a claim for holiday pay against her employer, Bidvest Noonan (UK) Ltd. The respondent failed to file their ET3 defence in time and when refiled 11 days late, their extension application was rejected. The claim proceeded as a default judgment on the basis that the respondent had not filed a valid response. The claimant was owed money for holiday accrued but not taken during Q1 2024 and was also underpaid for annual leave taken between February 2024 and March 2025.
Decision
The Tribunal refused the respondent's extension of time application to file their defence because they found no reasonable excuse for the late filing and no mitigating factors despite the respondent acting swiftly once notified. The holiday pay claim succeeded in full with the Tribunal awarding £876.26 for unpaid accrued holiday and £304.80 for underpayment of annual leave taken, totalling £1,181.06.
Practical note
Strict adherence to tribunal time limits for filing defences is essential, and even swift remedial action may not excuse non-compliance without a credible reason; default judgments can result in full liability for holiday pay claims.
Award breakdown
Case details
- Case number
- 6020043/2025
- Decision date
- 5 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No