In person For the v Mr Lower, Director — 2020

Ms Roche brought a monetary claim for accrued but unpaid holiday pay said to arise from her employment at Bendene Townhouse. She said holiday accrued during that employment had been promised to her when she moved to Housel Bay, but no payment was made when she later resigned. The tribunal accepted that the corporate history was confusing, but found that the claimant had understood her employer arrangements and that the documents and bank payment evidence did not support the respondent's attempt to avoid liability on the basis of company name changes.

On the respondent's correct-respondent argument, the tribunal found that, to the extent necessary, there had been a transfer of the claimant's employment from company number 08266648 to company number 11202576. It therefore did not dismiss the claim because the claimant had sued the wrong entity. The tribunal noted that the claimant had moved to Housel Bay Ltd in June 2018 as a new and separate employment and that any claim against the earlier employer had to be brought within three months of non-payment.

The tribunal applied regulation 14 of the Working Time Regulations 1998, which provides for a payment in lieu of untaken leave on termination, and regulation 30(2), which imposes the three-month time limit subject to an extension where it was not reasonably practicable to present the complaint in time. The claimant's last salary from the original employment was paid at the end of June 2018, but ACAS early conciliation did not begin until 17 June 2019 and proceedings were issued on 19 June 2019, which the tribunal said was effectively nine months out of time.

No evidence was given that it had not been reasonably practicable to present the claim within three months. On that basis the tribunal dismissed the claim for accrued but unpaid holiday pay.