Case 2601689/2022 · Employment Tribunal
Mr R Wilson v North Lincs Tyres Limited — 2022
- Case reference
- 2601689/2022
- Decision date
- 3 November 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Varnam Representation
Parties
2 namedClaimant
Mr R Wilson
Respondent
Key findings
Tribunal's reasoningThe claimant brought claims for unlawful deductions from wages and for sums due in respect of annual leave. The tribunal held that both claims were brought outside the primary time limits in section 23(2) of the Employment Rights Act 1996 and regulation 30(2) of the Working Time Regulations 1998, but found that it was not reasonably practicable for the claimant to present them within the primary limits and that they were presented within a reasonable period afterwards, so the tribunal had jurisdiction to hear them.
On the merits, the tribunal found that the respondent made unlawful deductions from the claimant's wages by failing to pay the full holiday pay to which he was entitled. The deductions totalled £1,493.10 gross. The tribunal also found a failure to pay part of the sums due in respect of annual leave under regulation 16(1) of the Working Time Regulations 1998.
No separate award was made for the annual leave/WTR aspect because it would have duplicated the award already made for the unlawful deductions claim. The respondent was ordered to pay the claimant £1,493.10 gross.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found unlawful deductions from wages because the Respondent did not pay the Claimant the full holiday pay due. The deductions totalled £1,493.10 gross. | Upheld | — | £1,493 |
| Holiday pay | The tribunal also found a failure to pay sums due in respect of annual leave under regulation 16(1) of the Working Time Regulations 1998, but made no separate award because that would duplicate the award already made for unlawful deductions from wages. | Upheld | — | — |
Remedy
Monetary award- Total award
- £1,493
- across all upheld claims
Legal tests applied
6 references- not reasonably practicable
- reasonable period after expiry of the primary time limits
- s.23(2) ERA 1996
- reg.30(2) WTR 1998
- s.13 ERA 1996
- reg.16(1) WTR 1998
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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