Case 1601531/2021 · Employment Tribunal
Mr P Kielar v Farmers Boy Limited — 2022
- Case reference
- 1601531/2021
- Decision date
- 23 May 2022
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Mr P Kielar
Respondent
Key findings
Tribunal's reasoningThe tribunal, sitting alone, dealt with three pay-related claims. It held that the unpaid wages claim was outside jurisdiction because it had not been presented within the statutory time limit and it was reasonably practicable for the claim to have been brought within time, so no further extension was allowed under s.23(4) Employment Rights Act 1996. The claim for unpaid accrued holiday pay was dismissed as not well founded.
The claim for unpaid sick pay succeeded. The tribunal found that claim well founded and ordered the respondent to pay the claimant £489.76. No separate breakdown of the award was given beyond that figure, and the judgment does not record any other monetary remedy.
The tribunal also refused the claimant's application for costs under rule 76 of the Employment Tribunals Rules of Procedure 2013. It found that the respondent had not acted vexatiously, abusively, disruptively or otherwise unreasonably in the conduct of the proceedings, and it did not exercise its discretion to make a costs order for any other reason.
Claims and outcomes
3 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal held it did not have jurisdiction to consider the unpaid wages claim because it was not presented within the statutory time limit and it was reasonably practicable to bring it in time under s.23(4) Employment Rights Act 1996. | Dismissed | — | — |
| Holiday pay | The claim for unpaid accrued holiday pay was found not well founded and was dismissed. | Dismissed | — | — |
| Unlawful deduction from wages | The claim for unpaid sick pay was found well founded. The respondent was ordered to pay £489.76. | Upheld | — | £490 |
Remedy
Monetary award- Total award
- £490
- across all upheld claims
Legal tests applied
3 references- s.23(4) Employment Rights Act 1996
- rule 76 Employment Tribunals Rules of Procedure 2013
- reasonably practicable
Official outcome judgment PDF
Gov.uk primary recordThe 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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