Case 1302658/2023 · Employment Tribunal

In person For the v Respondent — 2024

Case reference: 1302658/2023
Decision date: 9 January 2024
Jurisdiction: England & Wales
Judge: Employment Judge Perry

Indexed: 23 May 2026

Parties

1 named

Claimant

In person For the

Respondent

Key findings

Tribunal's reasoning

At a preliminary hearing on 8 January 2024 before Employment Judge Perry sitting alone, the tribunal ruled that it had jurisdiction to hear the claimant’s unlawful deductions from wages claim, including the holiday pay element pursued as wages. It held that it did not have jurisdiction to hear the holiday pay complaint insofar as it was pursued as breach of contract and/or breaches of the Working Time Regulations.

The respondent conceded that the claimant’s impairments relied on for the disability discrimination complaint, namely breathing problems, anxiety and depression, and long Covid, were disabilities within the meaning of the Equality Act 2010 at all material times. The respondent also conceded that the disability discrimination complaint identified at paragraph 5.2 of Employment Judge Harding’s order of 7 August 2023 was in time after the claimant confirmed that the relevant payroll email was dated 12 January 2023.

As to the remaining disability discrimination complaint identified at paragraph 5.1 of the order, the tribunal found that it had not been presented in time but that it was just and equitable to extend time. The judgment records that a separate order was issued giving directions for the claim to be prepared for trial.

Claims and outcomes

5 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Unlawful deduction from wages	The tribunal held that it had jurisdiction to hear the claimant’s claim for unlawful deductions from wages, including holiday pay pursued as wages. No substantive merits decision was made at this preliminary hearing.	Other	—	—
Breach of contract	The tribunal held that it did not have jurisdiction to hear the claimant’s holiday pay claim insofar as it was pursued as breach of contract. No substantive merits decision was made.	Other	—	—
Working time regulations	The tribunal held that it did not have jurisdiction to hear the claimant’s holiday pay claim insofar as it was pursued as breaches of the Working Time Regulations. No substantive merits decision was made.	Other	—	—
Disability discrimination	The respondent conceded that the impairments relied on by the claimant, namely breathing problems, anxiety and depression, and long Covid, were disabilities within the meaning of the Equality Act 2010 at all material times. The respondent also conceded that the disability discrimination complaint identified at paragraph 5.2 of Employment Judge Harding’s order of 7 August 2023 was in time after the claimant confirmed the relevant payroll email was dated 12 January 2023.	Other	Disability	—
Disability discrimination	The remaining disability discrimination complaint identified at paragraph 5.1 of Employment Judge Harding’s order of 7 August 2023 was not presented in time, but the tribunal held that it was just and equitable to extend time. A separate order gave directions for the claim to be prepared for trial.

Official outcome judgment PDF

Gov.uk primary record

The official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.

Published on gov.uk under the Open Government Licence v3.0.

How we got this data

Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.

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