Case 3204593/2021 · Employment Tribunal
Mr A VALCARCEL v Mitie Security Limited — 2021
- Case reference
- 3204593/2021
- Decision date
- 8 September 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gardiner Date
Parties
2 namedClaimant
Mr A VALCARCEL
Respondent
Key findings
Tribunal's reasoningThe claimant brought a claim for holiday pay. The Tribunal had written to the claimant on 9 August 2021 giving him an opportunity to make representations or request a hearing on why the claim should not be struck out because it had no reasonable prospect of success.
The Tribunal recorded that the claimant remained an employee of the respondent and, in those circumstances, it had no jurisdiction to make an award of unpaid holiday pay. It also found that the claimant's letter of 17 August 2021 did not identify any statutory basis on which the Tribunal could give the remedy sought. The claim was struck out and the hearing listed for 7 October 2021 was cancelled.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The claim was struck out after the Tribunal concluded it had no jurisdiction to make an award of unpaid holiday pay while the claimant remained an employee of the respondent. | Struck out | — | — |
Legal tests applied
1 reference- no reasonable prospect of success
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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