In person For the v Mr Jay Singh (Management) — 2020

The claimant, Mr Tsawar Hussain, worked for G F R Security Agency as a security guard on a zero-hours contract from 3 September 2018. His contract provided for 28 days' holiday in a January-to-December holiday year, and he took no holiday between 3 September and 31 December 2018. The claimant's later email to the tribunal set out claimed sums of £1,223.29 for holiday pay, £595.08 for alleged underpaid wages, and £1,970.04 for one month he said he had been suspended without reason, with a stated total of £3,788.41.

On the holiday pay issue, the tribunal took it that unused 2018 leave could carry over into the next holiday year, referring to Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V. v Shimizu. It then found that the primary limitation period for an accrued 2018 holiday entitlement claim expired on 27 June 2019. Even if it were not reasonably practicable to present the claim within that time, the tribunal held that the claim issued on 15 December 2019 was not brought within a reasonable time thereafter, so the holiday pay claim was dismissed.

The tribunal also found that the claimant was dismissed on 28 March 2019. It accepted that he asked for outstanding holiday pay and was paid £673.69 on 10 May 2019, which the judge treated as confirming that he knew his employment had ended. In consequence, there could be no claim for unauthorised deduction of wages in relation to April 2019, and that claim was dismissed.

As to the alleged shortfall of pay in May, June and July 2019, the tribunal held that this related to a different contract with the respondent and that the respondent had had no notice of that head of claim. The judge therefore said that this claim was not before the tribunal. The final judgment stated that the claimant's claims were dismissed, and no monetary award was made.