L Doherty Mr Douglas Craeg v Avondale Coaches Ltd — 2018

The claimant brought complaints of unauthorised deduction of wages and failure to pay holiday pay. On the wages complaints, the tribunal found there were two matters in issue: £398.46 said to be unpaid when the first period of employment ended on 29 May 2017, and a later series of eleven £20 deductions from wages between 22 June and 7 September 2017. The tribunal held both wages complaints were out of time under s.23 ERA 1996. It accepted that the claimant knew about Employment Tribunals, had realised he could complain about what had happened, and had contacted ACAS only in December 2017, after the relevant limitation periods had expired. It was not satisfied that it had not been reasonably practicable to present the complaints in time, so it did not have jurisdiction to determine the wages claims. The tribunal also recorded Mr Gold's evidence that, on the respondent's own calculations, £118.46 had been withheld in error and would be paid, but it said it had no power to order that payment.

The holiday pay complaint succeeded. The tribunal accepted that the claimant was due four days' accrued but untaken holiday pay at the end of his employment and that the claim was presented in time. It found that the claimant had worked four days per week and had net pay of £250 per week during the second period of employment. On that basis it awarded £250 for unpaid holiday pay. The tribunal noted that the respondent had accepted holiday pay was due and had assessed it on a gross basis at £277.20, but the judgment only ordered payment of £250 and said either party could apply to review the amount if required.