Mr R WilsonClaimantNorth Lincs Tyres LtdRespondent
Before
Employment Judge VarnamIn person for claimantMs J Eatock (instructed by solicitor) for respondentDate 24 October 2022
JUDGMENT
[1]The Claimant’s claims alleging unlawful deductions from wages and/or a failure to pay sums due in respect of annual leave were brought outside the primary time limits set out in section 23(2) of the Employment Rights Act 1996 and regulation 30(2) of the Working Time Regulations 1998, but(1) It was not reasonably practicable for the Claimant to bring the claims within the primary time limits;(2) The claims were presented within a reasonable period following the expiry of the primary time limits; and(3) The Tribunal accordingly has jurisdiction to consider the claims.[2]The Respondent made unlawful deductions from the Claimant’s wages, contrary to sections 13 and 23 of the Employment Rights Act 1996, by failing to pay the full holiday pay to which the Claimant was entitled. These deductions totalled £1,493.10 gross.[3]The Respondent also failed to pay the Claimant part of the sums due to him in respect of annual leave under regulation 16(1) of the Working Time Regulations 1998, but no separate award is made in respect of this, because that would duplicate the award already made by paragraph 2 above.[4]The Respondent is accordingly ordered to pay the gross sum of £1,493.10 to the Claimant. 10.2 Judgment - rule 61 February 2018 Case No: 2601689/2022