Mr P Kielar v Farmers Boy Ltd: 1601531/2021

EMPLOYMENT TRIBUNALS
Case No 1601531/2021
Mr P KielarClaimantFarmers Boy LtdRespondent
Employment Judge H V DieuIn person for claimantMs E Wheeler (instructed by Counsel) for respondentDate 19 May 2022

JUDGMENT

[1]The Tribunal does not have jurisdiction to consider the claim for upaid wages on the basis that it was reasonably practicable to bring the claim within the statutory time limit and it was not presented within such further time period as the Tribunal considers reasonable, under s.23(4) Employment Rights Act 1996.[2]The Claimant’s claim for unpaid accrued holiday pay is not well founded and is dismissed.[3]The Claimant’s claim for unpaid sick pay is well founded. The Respondent is ordered to pay the Claimant the sum of £489.76.[4]The Respondent had not acted vexatiously, abusively, disruptively or otherwise unreasonably in the way that the proceedings or part of them Case Number: 1601531/2021 have been conducted. The Tribunal does not consider that it may exercise it’s discretion to make a costs order for any other reason. The Claimant’s claim for costs pursuant to r.76 Employment Tribunals Rules of Procedure 2013 is refused.