Miss C McCreadie v Represented by: Ms K McCreadie - Mother The Laird Inn — 2020

Miss C McCreadie presented a claim on 14 August 2019 saying she had not been paid holiday pay that had accrued and to which she said she was entitled. The respondent entered no response. At the hearing on 27 January 2020, the tribunal dealt with two preliminary issues: whether the claim was in time and whether Ms Sharon Hardman should be added as a respondent.

On evidence from the claimant, the tribunal found that her last shift was on 20 April 2019 and her employment ended on 29 April 2019. The claimant said she understood from ACAS that she should allow two weeks for payment, and she also wrote to the employer seeking payment, but received no response. She started early conciliation on 24 June 2019 and received an ACAS certificate dated 24 July 2019. Her first tribunal claim was rejected on 20 August 2019 because the respondent name on the claim form did not match the ACAS certificate.

The claimant then sent a letter dated 21 August 2019 asking for reconsideration and confirming that the claim should proceed against The Lairds Inn. That letter was received by the Employment Tribunal only on 2 September 2019 because it had been sent to the Employment Appeal Tribunal in Edinburgh. The judge accepted that, although the second claim form was late, it was not reasonably practicable for the claim to have been presented on time in the circumstances, and that the claim was brought within such further period as was reasonable. The tribunal therefore held that the claim had been presented in time and that it had jurisdiction.

The tribunal also added Ms Sharon Hardman as a respondent under rule 34. The claimant said Ms Hardman had taken her on, given her instructions and paid her, and that Ms Hardman appeared to be the licensee of the premises. The judgment did not decide the underlying holiday pay liability or any monetary award.