Miss L Arnold v Food and Fuel Break Limited — 2022

Miss L Arnold brought claims for unlawful deductions from wages and unpaid holiday pay. She had resigned before presenting the claim on 11 July 2022, and there was no limitation issue. The claim was accepted and the tribunal sent the notice of hearing and response documents to Food and Fuel Break Limited on 2 August 2022, with a response due by 30 August 2022.

The respondent did not present a response by that date. It later emailed a response on 10 September 2022, together with a counterclaim alleging that the claimant had taken money from the till in cash. The Legal Officer rejected the late extension application on 21 September 2022 because no reason for the delay had been given and the application had not been copied to the claimant for comment.

At the hearing, the respondent again asked for time to be extended, saying the deadline had been misunderstood and referring to the director working seven days a week, personal life and childcare. Employment Judge JM Wade refused the application, noting the timing of the request, the inconsistency with the respondent’s earlier email of 10 September 2022, the prejudice to the claimant from further delay, and the fact that the respondent had known about the allegation since 2 August 2022. The judge also said the alleged defence, that the claimant had already been paid in cash from the till, was only a bare allegation and that there had been no prompt supporting evidence.

Because time was not extended, the tribunal gave judgment on the material before it. The claimant’s claims succeeded, with a gross award of £532 for unpaid wages and £121.60 for unpaid holiday pay, making a total award of £653.60. The tribunal noted only a limited reduction to the holiday pay claim because the claimant had said she had 'guessed' the amount due, but the figure could still be calculated from the information available.