6009338/2025

Driven Personnel Ltd

28 May 2026·Employment Tribunal·England & Wales·Employment Judge Booth

Respondent

Driven Personnel Ltd

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Decision date

28 May 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Booth

Case Summary

The claimant applied for reconsideration of a judgment concerning unpaid holiday pay, seeking to amend it to include a finding that he was an employee rather than a worker. The tribunal refused the application as it was made significantly out of time and, in any event, employment status was never an issue raised in the original claim or addressed in the judgment.

Why this outcome?

Non-compliance with orders

The claimant's reconsideration application was made significantly out of time (filed 8 April 2026, over five months after the 14-day deadline from 19 November 2025). Additionally, the tribunal never made a determination on the claimant's employment status because this issue was not raised in the original claim form or requested as a matter to be determined at the preliminary hearing; the tribunal therefore cannot vary a decision it did not make.

Claim Types

Unlawful Deduction

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Key Issues

  • Whether claimant was an employee or worker of the respondent
  • Calculation of unpaid holiday pay
  • Unauthorised deductions from wages
  • Admissibility of reconsideration application made out of time

Original published judgment

The full source document is available from the official publication page.

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