Case 2602847/2020 · Employment Tribunal
Ms R Moore v Hope Community Church — 2020
- Case reference
- 2602847/2020
- Decision date
- 4 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brewer Representation
Parties
2 namedClaimant
Ms R Moore
Respondent
Key findings
Tribunal's reasoningMs R Moore worked for Hope Community Church as a pre-school worker and was a term-time employee paid for 38 weeks of the year, with her pay averaged over 52 weeks. Her contract referred to a 14.54% enhancement in recognition of annual leave, but her payslips did not identify any holiday pay separately and the tribunal found that she was never required to book holiday or indicate when annual leave was taken.
The tribunal accepted that the respondent later wrote on 31 March 2020 about a miscalculation in holiday pay and paid Ms Moore an extra GBP 670.68 in the March 2020 pay, described on the payslip as back pay. It found that this payment discharged the respondent's obligation to pay 5.6 weeks' holiday pay for the year 1 April 2019 to 31 March 2020. It also found, applying the authorities it cited, that the respondent's earlier arrangements were not transparent and comprehensible for holiday pay purposes.
The claim nevertheless failed on limitation. The tribunal held that the last deduction was made when Ms Moore was paid on 28 February 2020, so time for an unlawful deductions claim ran from then. ACAS Early Conciliation did not begin until 17 June 2020, which was outside the three-month limit, and the tribunal was not satisfied that it had not been reasonably practicable for the claim to be brought in time. The unlawful deductions from wages claim was therefore dismissed.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Holiday pay claim concerning term-time work. The tribunal found the respondent's system was not transparent and comprehensible, but dismissed the claim because it was out of time; the last deduction was treated as 28 February 2020 and ACAS Early Conciliation was not started until 17 June 2020. The tribunal also held there was no reasonably practicable explanation for the delay. | Dismissed | — | — |
Legal tests applied
9 references- ss.13 to 22 Employment Rights Act 1996
- s.23 Employment Rights Act 1996
- s.23(4) Employment Rights Act 1996
- Deduction from Wages (Limitation) Regulations 2014
- Robinson-Steele v RD Retail Services Ltd and others
- Lyddon v Englefield Brickwork Ltd
- Marshalls Clay Products Ltd v Caulfield
- Smith v AJ Morrisroes and Sons Ltd
- Fulton and anor v Bear Scotland 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
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