Mr C Atkinson v Veolia Environmental Services Hampshire Ltd (England and Wales : Unlawful Deduction from Wages) -[2017] UKET 1400177/2015- (19 April 2017)

BAILII

Automated Summary

Key Facts

The Employment Tribunal (Case No: 1400177/2015) dismissed Mr C Atkinson's claim against Veolia ES Hampshire Limited for unlawful deduction of wages and non-payment of holiday pay. The hearing occurred on 19 April 2017 before Employment Judge Kolanko, with the judgment delivered orally and sent to parties on 21 April 2017. The tribunal concluded the complaint was not presented in time despite being reasonably practicable to do so.

Issues

  • The tribunal dismissed the claim of unlawful deduction of wages and non-payment of holiday pay as it was not presented in time despite being reasonably practicable to do so.
  • The tribunal dismissed the claim of non-payment of holiday pay as part of a complaint not presented in time despite being reasonably practicable to do so.

Holdings

The complaint of unlawful deduction of wages/non-payment of holiday pay was not presented in time despite it being reasonably practicable to do so and is dismissed.

Legal Principles

The court applied the principle that claims must be presented within a reasonable time. The complaint was dismissed because it was not presented in time despite it being reasonably practicable to do so.

Judge Name

Judge Kolanko

Passage Text

  • Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.
  • The complaint of unlawful deduction of wages/non-payment of holiday pay was not presented in time despite it being reasonably practicable to do so and is dismissed.