Claimant v A-Triangle Care Limited
Outcome
Individual claims
The tribunal found that the claimant was dismissed with an effective date of termination of 30 November 2023, and that the dismissal was unfair. The claim was presented in time and the tribunal had jurisdiction.
The tribunal found that the respondent made unlawful deductions from wages by failing to pay sick pay to the claimant from August 2023 to October 2023. The claim for unpaid sick pay for the period ending 31 October 2023 was presented in time.
The claim for unlawful deductions from wages relating to unpaid holiday pay for 2 August 2023 was presented out of time. The claimant made no application for an extension of time, so the tribunal had no jurisdiction to hear this claim and it was dismissed.
Facts
Miss Knapton was employed by A-Triangle Care Limited, a care provider. She was dismissed with effect from 30 November 2023. Prior to dismissal, she was absent on sick leave from August to October 2023, during which period the respondent failed to pay her sick pay. She also claimed unpaid holiday pay for 2 August 2023. The respondent filed its response late and applied for an extension of time.
Decision
The tribunal granted the respondent's application for an extension of time to defend. The tribunal found the claimant was unfairly dismissed and that the respondent made unlawful deductions from wages by failing to pay sick pay. The holiday pay claim was dismissed as out of time with no application for extension. A remedy hearing was scheduled for December 2025.
Practical note
Even when a claimant succeeds on unfair dismissal and wage deduction claims, separate holiday pay claims may be time-barred if not properly pursued within the statutory limitation period and no just and equitable extension is sought.
Case details
- Case number
- 2400191/2024
- Decision date
- 4 September 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No