Mr A Valcarcel v Mitie Security Ltd: 3204593/2021
JUDGMENT
The claim is struck out.REASONS
[1]By a letter dated 9 August 2021 the Tribunal gave the claimant an opportunity to make representations or to request a hearing, as to why the claim should not be struck out because it has no reasonable prospect of success. The Claimant brings a claim for holiday pay. The Claimant remains an employee of the Respondent. In these circumstances, the Tribunal has no jurisdiction to make an award of unpaid holiday pay to the Claimant. The Claimant’s letter dated 17 August 2021 does not identify any statutory basis on which the Tribunal can give the Claimant the remedy he seeks.[2]The hearing fixed for 7 October 2021 will not take place.