Claimant v Daniel Wilson
Outcome
Individual claims
The complaint concerning unauthorised deduction from pay for accrued but untaken annual leave was not presented within the applicable time limit. The tribunal found it was reasonably practicable for the claimant to have presented the claim in time, and therefore the complaint was dismissed for being out of time.
Facts
The claimant, Joanne Carpenter, brought a claim against her former employer, Daniel Wilson, for unpaid holiday pay relating to accrued but untaken annual leave upon termination of employment. The respondent was represented by a solicitor while the claimant appeared in person. The hearing was conducted remotely by CVP.
Decision
The tribunal dismissed the claim on the basis that it was presented outside the applicable time limit. The tribunal found that it was reasonably practicable for the claimant to have presented the claim within the statutory time limit, and therefore the claim could not proceed.
Practical note
Unrepresented claimants must strictly comply with time limits for holiday pay claims, as the 'reasonably practicable' test for extensions is difficult to satisfy.
Legal authorities cited
Case details
- Case number
- 6018589/2024
- Decision date
- 29 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Daniel Wilson
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No