Mr D Mannion (deceased) By Ms K Flint, the appropriate person v T M Mannion Limited (in creditors’ voluntary liquidation) Determined on the papers without a hearing at Leicester Hearing Centre, 5a New Walk, Leicester, LE1 6TE — 2021

Mr D Mannion died on 13 February 2021 and Ms K Flint, as the appropriate person for his estate, pursued a claim for holiday pay outstanding on termination of employment. The respondent was in creditors’ voluntary liquidation and did not present a response. The tribunal also recorded that an additional redundancy pay claim had been dismissed on withdrawal.

On limitation, the tribunal held that the holiday pay claim was brought about 2.5 months late, but that it was not reasonably practicable to present it within the 3-month time limit in regulations 30 and 30B of the Working Time Regulations 1998. It accepted evidence that the sudden death had a significant impact on Ms Flint, who was dealing with grief, three young children, her own work, letters of administration, and did not know of the time limit until 5 August 2021. Once informed, she acted promptly. The tribunal applied a liberal construction in favour of the employee and referred to Dedman, Wall’s Meat, Schultz, and Asda in explaining the test.

On the substantive holiday pay calculation, the tribunal accepted that the holiday year ran from 1 June to 31 May, that no leave had been taken by the date of death, and that gross weekly pay was £599.60. Applying regulation 14(3), it found that 3.96 weeks of holiday pay was due and awarded £2,374.42 gross. It rejected the estate’s higher calculation because it did not follow the statutory formula.