Case 2301409/2021 · Employment Tribunal
Claimant v The Kings Ferry Limited — 2022
- Case reference
- 2301409/2021
- Decision date
- 2 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge K Andrews Date
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningMr P Massara presented a claim in April 2021 seeking unpaid holiday pay and breach of contract. The response stated that the correct respondent was The Kings Ferry Limited, and the record was amended accordingly. It also said that all outstanding holiday pay had been paid to the claimant on completion of an internal grievance he had raised.
The tribunal held that it had no jurisdiction to hear the breach of contract claim because, at the time the claim was submitted, the claimant remained employed by the respondent. That part of the claim was therefore dismissed.
The respondent applied for strike out under rules 30 and 38 of the Employment Tribunal Rules 2013 unless the claimant confirmed that he was pursuing the claim and, if so, on what basis. The tribunal then wrote to the claimant on 20 January 2022 asking for a written reply within seven days. The claimant did not reply, and the tribunal concluded that he was not actively pursuing the claim.
The claim was struck out under rule 37 of the Employment Tribunal Rules 2013. The hearing listed for 13 April 2022 was vacated. No monetary award was made.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The claimant presented the claim in respect of unpaid holiday pay and breach of contract. The respondent said outstanding holiday pay had been paid following an internal grievance. The tribunal later struck out the claim after the claimant failed to confirm that he was pursuing it. | Struck out | — | — |
| Breach of contract | The tribunal held it had no jurisdiction to hear the breach of contract claim because the claimant remained employed when the claim was presented. | Dismissed | — | — |
Legal tests applied
2 references- rules 30 & 38 of the Employment Tribunal Rules 2013
- rule 37 of the Employment Tribunal Rules 2013
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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