Claimant v Portland Care 5 Limited

Outcome

Facts

Mrs West worked as a carer for Portland Care 5 Limited from 26 January 2023 to 16 May 2024. She was not told she was entitled to holiday pay and received none during employment. After learning of her entitlement around February 2024, she complained to the respondent but the issue was not resolved. After employment ended, she sought advice from Citizens Advice (around 5 August 2024) who directed her to ACAS. She contacted ACAS and understood she must first email the respondent and wait for a response. She emailed the respondent on 12 September 2024 and again on 18 October 2024. On 27 November 2024, ACAS provided information about early conciliation and tribunal processes. Mrs West started early conciliation the next day (28 November 2024) and filed her claim on 9 January 2025, the day early conciliation ended. The respondent argued the claim was out of time.

Decision

The tribunal granted an extension of time under Regulation 30(2)(b) of the Working Time Regulations 1998, finding it was not reasonably practicable for Mrs West to present her claim within three months. The tribunal found her ignorance of her rights was reasonable given her lack of IT competence, difficulty understanding legal processes, and reliance on free advice. She acted promptly once informed of her rights and the claim was presented within a reasonable further period. The tribunal therefore has jurisdiction to hear the holiday pay claim at final hearing.

Practical note

Legal authorities cited