Mr A Mallaby v Jolly Harvester Public House — 2019

This was a sole claim for holiday pay. The tribunal first held that the claim had been presented out of time, but extended time because it was not reasonably practicable for the claimant to present it in time. The judge accepted the claimant's evidence that he was unaware of the tribunal time limit, had no previous tribunal experience, had not been told of any time limit by CAB, and was dealing with college and work pressures when the claim arose.

On the merits, the tribunal accepted that the claimant had worked 279 hours for the respondent between 2 January 2018 and 18 September 2018 on a zero-hours basis, was not self-employed, and had taken no holidays and received no holiday pay on termination. Applying the standard holiday calculation of 12.07% of time worked, the tribunal found an entitlement of 33.66 hours at an hourly rate of £5.90, producing a sum due of £198.63. That amount was awarded to the claimant and the respondent was ordered to pay it.