Victoria Hawkins v Bidvest Noonan (UK) Limited — 2025

The Tribunal first dealt with a preliminary issue concerning the respondent's application for an extension of time to file the ET3, which had been rejected by the Tribunal and refiled 11 days out of time. The Tribunal considered that the reason given for the incorrect filing was not reasonable, that clear instructions about filing methods had been provided in the notice of claim, and that the contents of the response did not demonstrate a defence to the claimant's claims. Although the respondent had acted swiftly to remedy the error and no significant prejudice had been caused to the claimant, the Tribunal found that in the absence of a credible reason for the failure or any mitigating factors, the extension should not be granted. The application was dismissed.

On the substantive claims, the Tribunal found the complaint in respect of holiday pay to be well-founded, holding that the respondent had made an unauthorised deduction from the claimant's wages by failing to pay her for holiday accrued but not taken during the period 01 January 2024 to 31 March 2024 in the sum of GBP 876.26. The Tribunal also found that the respondent had underpaid the claimant for the annual leave she took between February 2024 and March 2025 in the sum of GBP 304.80.

The respondent was ordered to pay the claimant a total sum of GBP 1,181.06, with the claimant responsible for any tax or National Insurance.