The Claimants brought holiday pay claims against the Respondent in early 2015. A request for further information was made to them, followed by an unless order, but by January 2016, no information had been provided. The claims were therefore struck out. In November 2016, the ET reversed this decision after the Claimants provided further information the night before the hearing. A costs order was also made against the solicitors acting for some of the Claimants. The Respondent and the Claimants' solicitors appealed.

The EAT allowed the Respondent's appeal. The Employment Judge erred in granting such relief without having ascertained whether further particulars, provided shortly before the hearing, constituted material compliance with the Unless Order. The costs appeal was dismissed, the Judge having been entitled to make the summary calculation in the manner which he did.