Claimant v GSR Nursing Ltd — 2024

The claimant brought a claim for unpaid holiday pay arising from her employment with GSR Nursing Limited from 2015 to February 2024. The respondent said the claimant had received rolled-up holiday pay from 2015 until 2023, when its method changed, and that in her final salary payment on 28 February 2024 she received £82 for accrued but untaken annual leave. On 2 September 2024 the respondent paid a further £451.03 said to represent the outstanding holiday pay shortfall.

The respondent applied to strike out the claim under Rule 37, relying on no reasonable prospect of success, alleged non-compliance with tribunal directions, and the contention that a fair hearing was no longer possible. The claimant said she was owed more than £451.03 and estimated the amount at £6,721.92, using bank statements because she said she did not have all of her payslips. She also said she was a zero-hours worker and that she had only realised there may have been an issue after speaking to other employees at the end of 2023.

Employment Judge E Mannion struck out the claim under Rule 37(1)(a) only. The tribunal accepted that the respondent had provided a detailed breakdown of the hours worked, rates of pay, holiday rate and discrepancies for each week and year, and noted that this breakdown was not challenged. It found that the claimant did not dispute that a rolled-up holiday pay system operated from the start of employment until some point in 2023, and that the calculations she relied on for her alternative figure were incorrect. The tribunal took account of the claimant’s status as a litigant in person, but concluded that the claim had no reasonable prospect of success.

Because the claim was struck out under rule 37(1)(a), the tribunal did not decide the applications under rule 37(1)(c) or rule 37(1)(e). No award was made.