Joanne Locke v Penketh Parish Council — 2025

The claimant, Joanne Locke, presented her claim on 12 November 2024 after ACAS Early Conciliation. The respondent did not file a Response within the 28-day limit and submitted its Response only on the hearing date, 26 February 2025, together with an application to extend time. The tribunal applied rule 21 of the Employment Tribunal Procedure Rules 2024, taking account of the factors discussed in Kwik Save Stores Ltd v Swain & Ors and the guidance in Thorney Golf Centre Ltd v Reed, and refused the extension because the explanation for the delay was unsatisfactory and the claimant would suffer prejudice if the case were adjourned.

On the substance, the claimant said she resigned in August 2024 and was still owed holiday pay and her final week's pay in lieu of notice. The tribunal found that the claimant was not paid her accrued and untaken annual leave entitlement and that she was also owed pay for her notice period. It accepted the claimant's account that she had given notice and preferred her version of events on the notice pay issue.

The tribunal held that the claim was well founded and awarded a gross sum for the two unpaid items. The order states £423.60 gross for accrued annual leave and £423.60 gross for notice pay, producing a total award of £847.20 gross. The reasons at paragraph 32 refer to £847.60 gross, which is inconsistent with the operative order, so the formal judgment figure is the one recorded in the order.