Mr H Kazlauskas v Sullivan Bus and Coach Ltd (In Creditors’ Voluntary Liquidation): 3311359/2024
JUDGMENT
[1]The claim was not presented within the applicable time limit, but it was not reasonably practicable to do so. The claim was presented within a further reasonable period.[2]The complaint in respect of holiday pay is well-founded. The respondent failed to pay the claimant in accordance with regulation 14(2) of the Working Time Regulations 1998. The respondent shall pay the claimant £ 2660. The claimant is responsible for paying any tax or National Insurance.REASONS
[1]Following a case management hearing of 20 April 2026 and following the provision of further information by the claimant since then, this determination was made under rule 22.[2]On the basis of the information available I was satisfied of the following:a. The claim was presented on 5 November 2024, following a period of early conciliation which took place between 12 September and 3 October 2024.b. The claimant’s employment came to an end on 20 June 2024 and at the time he had accrued holiday pay amounting to £ 2660 gross. That amount should have been paid to the claimant in his pay covered by his payslip of 3 July 2024, but it was not, and never has been.c. Since the sum was due on 3 July 2024, the claim was presented 2 days out of time.d. It was not reasonably practicable for the claim to have been presented in time but it was presented within such time as was reasonable thereafter. I accept the claimant’s written evidence to the effect that up until shortly before 3 November 2024 he had been assured, and had OFFICIAL OFFICIAL Case No: 3311359/2024 believed, that respondent was going to pay him what was owed and that he only realised he was not going to paid what he was owed shortly before he presented his claim. I would have come to the same conclusion even had it been the case that the money was due to the claimant on 20 June 2024. Approved by: Employment Judge Dick 3 July 2026 11 August 2026 ................................................................ ................................................................ Notes All judgments (apart from judgments under Rule 51) and any written reasons for the judgments are published, in full, online at https://www.gov.uk/employmenttribunal-decisions shortly after a copy has been sent to the claimants and respondents. If a Tribunal hearing has been recorded, you may request a transcript of the recording. Unless there are exceptional circumstances, you will have to pay for it. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings and accompanying Guidance, which can be found here: www.judiciary.uk/guidance-and-resources/employment-rules-and-legislationpractice-directions/ OFFICIAL