Mr R Bunny v Vintage Wine Bars Limited — 2019

Mr R Bunny brought a claim for a payment in respect of accrued annual leave. At a hearing in Bodmin on 26 September 2019 before Employment Judge Maxwell, the tribunal dealt with a preliminary issue by consent: whether the claim had been presented within the statutory time limit under the Working Time Regulations 1998. The tribunal heard evidence from the claimant, considered documents including a 26 February 2018 email from the respondent and a 27 September 2018 letter from the claimant's counsellor, and heard submissions from both parties.

The parties agreed during cross-examination that any accrued holiday pay due on termination should have been paid on 11 January 2018. On that basis, time began to run on that date. The tribunal found that the ordinary three-month limit would have expired on 10 April 2018, but the claimant entered ACAS early conciliation from 27 February to 10 April 2018, and that 43-day period was excluded by regulation 30B(2). Adding that period extended the deadline to 23 May 2018.

The tribunal held that the claim was presented on 23 May 2018, which was the last day of the permitted period. The judgment therefore resolved the limitation issue in the claimant's favour. No substantive award of holiday pay or other monetary remedy was made in this judgment.