Mr L Mercer v Mw Sterlin Ltd — 2022

The tribunal refused MW Sterlin Ltd's application dated 23 August 2022 for reconsideration of the judgment sent to the parties on 4 August 2022. It held that the application was outside the applicable 14-day time limit and declined to extend time. The tribunal noted that the respondent had become aware of the judgment through ACAS communications on 8 August 2022 but did not submit the reconsideration application until 23 August 2022, and that the application was not copied to the claimant in accordance with the Employment Tribunal Rules.

The tribunal also said that, even if the application were considered, there was no reasonable prospect of the original decision being varied or revoked. It recorded that the judgment had been sent to the respondent's registered office on 4 August 2022, that there was no change of registered office until 10 August 2022, and that if the respondent was no longer collecting mail from that address then forwarding arrangements should reasonably have been in place. It also noted that the claimant's earlier tribunal application had been properly served.

On the substantive point addressed in the reasons, the tribunal said there did not appear to be any dispute that Mr Mercer was owed payment for accrued but untaken holiday entitlement at termination. It stated that the Kickstart scheme still involved an employment relationship, that the respondent could have allocated days of paid holiday during employment, and that any question whether employment costs could later be reclaimed from grant funding was separate from liability to the claimant for statutory holiday entitlement.