Mrs O S Abimbola v Voyage 1 Ltd T/a Voyage Care: 1306628/2024
JUDGMENT
[1]The respondent’s name and style is amended by agreement to that above.[2]The claimant’s complaints of unfair dismissal and notice pay were not presented in time. It was reasonably practicable for them to be presented in time. In any event they were not presented within a further reasonable. The tribunal does not have jurisdiction to hear those complaints and they are dismissed.[3]The claimant confirmed before me that no further discrimination complaints were pursued over and above her failure to make reasonable adjustments complaint.[4]The claimant’s complaint that the respondent failed to make reasonable adjustments was not presented in time. It is not just and equitable to extend time. The tribunal does not have jurisdiction to hear her discrimination complaints and they are dismissed.[5]It is conceded that the claimant’s complaint that the respondent failed to pay holiday pay was presented in time. It appears on based on the documents before me that the claimant is due 148.15 hours holiday pay at the rate of £10.75 per hour totalling £1,592.61. That is based upon the maxtime statement dated 21 February 2024 and her payslip dated 10 May 2024. No holiday pay was paid on the April 2024 payslip. The March 2024 payslip (post termination) was not before me. Nor do I have a maxtime statement that dates from the date of termination. Case Number: ORDER (by agreement)[6]It was agreed that:- a) In the absence of objections within 14 days of today a judgment will be entered for the claimant for £1,592.61. b) In the event that the respondent wishes to object to that judgment being entered it shall provide within 14 days of today a calculation setting out the sums (if any) it asserts are owed together with the relevant maxtime statement/payslips. c) In the event that Mrs Abimbola wishes to supply any further documentation she will do within 28 days of today. d) The matter will be referred back to me after 35 days to make a decision on the papers, both parties having confirmed to me that there are agreeable for the holiday pay claim to be dealt with in that way. approved by meREASONS
[1]Further to the judgment I made following the hearing on 25 March 2025 that was sent to the parties on 28 March 2025 the parties were given an opportunity to make representations in relation to the judgment to be entered in relation to the claimant’s holiday pay claim.[2]The respondent objected to judgment being entered for £1,592.61 and as ordered provided a calculation and documentary evidence to support this.[3]The claimant has not taken the opportunity to respond as directed.[4]Having considered the response and documents attached that were lodged by respondent on 8 April 2025, I am satisfied the methodology used and its calculations are correct. A judgment shall be entered in the sum of £1,388.90 (gross) for the reasons given in that email. approved by me