Case 2411011/2021 · Employment Tribunal
Mr Alan Pearson v Cumbria County Council — 2022
- Case reference
- 2411011/2021
- Decision date
- 4 May 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Holmes
- Venue
- Remotely
Parties
2 namedClaimant
Mr Alan Pearson
Respondent
Key findings
Tribunal's reasoningMr Alan Pearson presented a claim on 9 September 2021 for unpaid holiday pay, said to be £3,072.25, after his employment with Cumbria County Council ended on 5 May 2021 under a COT3 agreement dated 6 May 2021. The earlier settlement, made in relation to case 2420668/2020, provided that the compensation payment was in full and final settlement of the existing claim and of all future claims arising from employment or its termination. The respondent applied to strike out the holiday pay claim under rule 37(1)(a).
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Claim for pay in lieu of untaken holiday on termination. The Tribunal held it had no reasonable prospect of success because it was compromised by clause 4.2 of the COT3 settlement, which expressly covered Working Time Regulations 1998 claims. The Tribunal also rejected the alternative argument that late payment of the settlement sum released the claimant from the COT3. | Struck out | — | — |
Legal tests applied
5 references- rule 37(1)(a)
- Investors Compensation Scheme Ltd v West Bromwich
- Royal Orthopaedic Hospital v Howard
- BCCI SA v Ali
- Arvunescu v Quick Release (Automotive) Ltd
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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