P Appleyard v AcuCert Ltd: 6020913/2025
JUDGMENT
[1]The claimant brought claims for unpaid wages, unpaid expenses and unpaid holiday. At paragraph 6.1 of the ET3 the respondent ticked the box to say that it was not contesting the claim, so this hearing is to consider remedy only.[2]The following remedy orders were today agreed by the respondent. Unpaid wages[3]The respondent made an unauthorised deduction from the claimant’s pay in respect of wages due on 31 March 2025. The respondent is ordered to pay to the claimant the net sum of £1174.92 deducted from pay. Breach of contract[4]The respondent was in breach of contract by failing to reimburse the claimant’s expenses outstanding at the end of his employment and is ordered to pay the claimant the sum of £38.04 in respect of the breach. Working Time Regulations 1998 (WTR) – holiday pay claim[5]The holiday pay claim related to two separate periods of employment: Case number: 6020913/2025 i. in November 2024; and ii. in February and March 2025.[6]The claim in respect of the first period of employment which ended on 16 November 2024 was brought out of time, and I have considered whether to extend time under Regulation 30 WTR. The claimant was unaware of his rights and unrepresented. Upon investigating and discovering his rights he started a claim without delay. The respondent did not object to the extension. I have decided that it was not reasonably practicable for this claimant to bring a claim in time but that he did so within a further reasonable period and time is therefore extended.[7]The claimant’s claim for holiday pay relates to an irregular hours contract and falls to be calculated in accordance with section 15B WTR. The hours worked were 67.75 hours in November 2024, 162.25 in February 2025 and 102.00 in March 2025. The number of hours payable is therefore 40. The claimant’s rate of pay was £12.00 an hour. The respondent is therefore ordered to pay the claimant £480 gross. Approved by