In person For the v Not present or represented UPON APPLICATION made by the claimant in an email sent on 2 May 2022 to reconsider the — 2022

The judgment dated 20 April 2022 was revoked. On 2 August 2022, Employment Judge Hyams, sitting alone, heard the claimant's reconsideration application after the earlier dismissal for non-attendance at the remedy hearing. The claimant said he had not heard the tribunal's 31 March 2022 telephone call because his phone was in his locker at work. He also explained that he had only learned in 2021 that he could bring a tribunal claim about unpaid holiday pay, after former colleagues said they had not been paid holiday pay and helped him contact ACAS on 23 February 2021; the early conciliation certificate was issued on 25 February 2021 and the claim was presented on 3 March 2021.

The tribunal found that it was not reasonably practicable for the claimant to present the claim within the primary three-month time limit after his employment ended on 2 August 2020, and that he had brought it within a reasonable period after that time. It accepted his evidence without cross-examination because the respondent did not attend and there was no interpreter, and it noted that if any further hearings were needed a Romanian interpreter should be present.

On the merits, the claimant produced a leave request covering 12 July 2019 to 6 August 2019, bank statements for that period, and payslips before and after it. The tribunal accepted those documents and his oral evidence as showing that he had been paid nothing for that holiday period, while being paid immediately before and after it. It concluded that there had been a series of unlawful deductions of wages ending on 2 August 2020 and ordered Team Work Employment Services Limited to pay £3,139.20 gross, before deductions for tax and national insurance, by way of unpaid holiday pay.