Claimant v Penketh Parish Council
Outcome
Individual claims
The claimant was the only paid employee and resigned in August 2024. She was not paid her accrued and untaken annual leave entitlement of 5 days/30 hours amounting to £423.60 gross. The tribunal found the claimant's account credible and preferred her evidence over the respondent's late defence raised on the day of the hearing.
The claimant claimed she was owed 1 week's notice pay. The respondent contended she did not give notice and did not work her notice. The tribunal heard both accounts and preferred to believe the claimant's version of events that she gave notice and was owed 1 week's notice pay of £423.60 gross.
Facts
The claimant was the sole paid employee of Penketh Parish Council, responsible for administration including the Bright HR system. She resigned in August 2024. The respondent failed to pay her 5 days accrued and untaken annual leave (£423.60 gross) and 1 week's notice pay (£423.60 gross). The claimant issued proceedings on 12 November 2024 after extensive ACAS Early Conciliation. The respondent failed to file a response within the 28-day deadline (18 December 2024) and only submitted one on the day of the hearing (26 February 2025), over 2 months late.
Decision
The tribunal refused the respondent's application to extend time for presenting the response under Rule 21. The respondent's explanation for the delay was found unreasonable, the defence had limited merit, and allowing the late response would cause substantial prejudice to the claimant. The tribunal found both claims (unlawful deduction of wages for holiday pay and breach of contract for notice pay) well founded and awarded the claimant £847.20 gross.
Practical note
A respondent's failure to file a response on time will not be excused by a tribunal simply because it is a small organisation relying on volunteers, particularly where there is ongoing delay even after professional representatives are instructed and no reasonable explanation is provided.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6018339/2024
- Decision date
- 17 March 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Paid employee and administrator
Claimant representation
- Represented
- No