Mr H Sam v Mitie Security Limited — 2019

The claimant brought claims for unlawful deduction from wages and holiday pay. He said he had sought annual leave in July/August 2017, was granted 15 days, then became ill at the start of that period. He contended that he should have been allowed to take the lost leave later, and also complained about alleged unpaid shifts in September and November 2017.

The tribunal found from the payslips that the claimant had been paid during the relevant July to August 2017 period by a combination of statutory sick pay and holiday pay. It also recorded that the claimant's contract stated that holiday entitlement for one holiday year could not be taken in later holiday years unless agreed, and that untaken holiday would be forfeited without payment in lieu. The claimant was unable to state categorically that wages were owed for the later dates he identified.

On limitation, the tribunal found that the claim was issued in July 2018, well after the relevant events in 2017. It found there was no impediment preventing the claimant from bringing the claim in time, that it had been reasonably practicable for him to do so within the three-month time limit, and that the tribunal therefore had no jurisdiction. The tribunal also found that the claim had no reasonable prospect of success and was bound to fail.