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 ordersThe 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
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Estimate compensation for unpaid wages claimsKey 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
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Case Details
- Case No.
- 6009338/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 28 May 2026
- Published
- 1 July 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Booth
- Industry
- recruitment agency