Claimant v Sanctuary Oasis Services Limited

Outcome

Facts

The claimant was employed as a Support Worker from 28 March 2021 to 13 March 2023. She did not take any annual leave during her employment. She resigned giving two weeks' notice. The respondent paid her £1,150 for accrued holiday pay (92 hours) on 30 June 2023, representing payment for the 2022/2023 leave year. The claimant claimed she was owed 170 hours for the 2021/2022 leave year. She did not contact ACAS until 29 January 2024, well outside the three-month time limit.

Decision

The tribunal dismissed the claim for lack of jurisdiction as it was filed outside the statutory time limit. The tribunal found it was reasonably practicable for the claimant to have brought her claim in time. Even accepting her explanation of being out of the UK for a family emergency for 4 months, she could have acted promptly upon her return in September 2023 before the time limit expired on 29 September 2023. She provided no explanation for the further 4-month delay until contacting ACAS on 29 January 2024.

Practical note

Legal authorities cited