Mr G Liddle v Jay Decorators Ltd — 2019

This was a preliminary hearing before Employment Judge Franey sitting alone in Manchester on 22 August 2019. The claim had been presented on 30 May 2019 after early conciliation between 16 May and 30 May 2019. The respondent resisted the claim on the basis that the claimant was genuinely self-employed, had been paid rolled-up holiday pay, and that the claim was out of time if employment ended on 15 February 2019.

The tribunal did not determine the merits of entitlement to holiday pay. It found that the key date for limitation was the last payment made to the claimant, which was agreed to be 20 February 2019 and was evidenced by the respondent's payment schedule. On that basis, the tribunal held that for the unlawful deduction from wages complaint, the three-month time limit under section 23(2)(a) Employment Rights Act 1996 runs from the date of the alleged deduction, not the effective date of termination.

The tribunal applied the same approach to the Working Time Regulations claim, holding that where the complaint is that holiday pay should have been made, regulation 30(2)(a) runs from the date the payment should have been made. Because the claimant had contacted ACAS and entered early conciliation within three months of that date, the tribunal held that the clock had been stopped in time and that the claim could proceed.