Somerville v Medical Practitioners Tribunal Service UKEAT/0257/20/RN

Appeal against the ET’s finding that the Claimant’s claim for unpaid statutory holiday pay was presented out of time. Appeal dismissed.

The Claimant was a Tribunal Member with the Respondent. When the relationship ended in April 2018, he brought a claim in the ET for unpaid statutory holiday pay under the Working Time Regulations 1998 ("WTR") and/or section 23 of the Employment Rights Act 1996 in July 2018. The ET rejected the Claimant's case that the period for presenting his claim ran from the date when the relationship ended on 4 April 2018, finding instead that time ran from 5 March 2018 (that is, the date when the Respondent last paid the Claimant and when he said he should have received holiday pay); on this basis, the claim was outside the prescribed time limit. The Claimant appealed, submitting that the ET erred in law in determining that time ran from 5 March 2018, rather than the termination date of 4 April 2018.

The EAT held that no error of law was shown in respect of the ET's conclusion that time ran from 5 March 2018, and so the claim was presented out of time. The EAT noted that the Claimant claimed only under regulation 16 of the WTR (for payment in respect of periods of leave) and not under regulation 14 (for accrued leave entitlements payable on termination).

http://www.bailii.org/uk/cases/UKEAT/2021/0257_20_0505.html

Published: 21/05/2021 12:25

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