Miss A O’Toole v Teleperformance Limited HELD AT: Liverpool (by CVP, remote) — 2025

Miss A O’Toole worked for Teleperformance Limited from 1 April 2023 to 27 September 2023 as a call advisor and resigned with notice. In her claim form, presented on 18 December 2023 after early conciliation, she said she was owed more than 77 hours of holiday pay.

The Tribunal made case management orders requiring the claimant to provide a calculation of the amount claimed, supporting documents and evidence, and later varied those orders because she had not complied with disclosure and witness evidence requirements. A strike out warning was then issued under Rule 38, but the claimant did not respond by the deadline and did not attend the final hearing. The Tribunal also recorded that she had not corresponded with the Tribunal since presenting the claim.

The respondent’s accepted response was that any outstanding holiday pay had already been paid when employment ended, but the Tribunal did not determine the substantive holiday pay dispute. The claim was struck out under Employment Tribunal Rule 38(1)(c) because the claimant had not complied with a Tribunal order and under Rule 38(1)(d) because the claim had not been actively pursued.