Teleperformance Ltd
Case Summary
The claim for unpaid holiday pay was struck out due to the claimant's non-compliance with case management orders and lack of active pursuit of the case.
Key Issues
- •compliance_with_case_management_orders
- •active_pursuit_of_case
Claim Types
Decision Text
Case No: 2413183/2023 1 EMPLOYMENT TRIBUNALS Claimant: Miss A O’Toole Respondent: Teleperformance Limited HELD AT: Liverpool (by CVP, remote) ON: 7 April 2025 BEFORE: Employment Judge Johnson REPRESENTATION: Claimant: Respondent: Did not attend Ms Sopna Bhogale (ER specialist) JUDGMENT The judgment of the Tribunal is that: (1) The claim is struck out under Employment Tribunal Rule 38(1)(c) because the claimant has not complied with a Tribunal order and because under Rule 38(1)(d) it has not been actively pursued. REASONS 1. These proceedings arose from the claimant’s short period of employment with the respondent from 1 April 2023 to 27 September 2023 as a call advisor. She resigned with notice and argued that she was owed 77+ hours holiday pay. 2. She presented a claim form to the Tribunal on 18 December 2023 following a period of early conciliation from 6 November to 18 December 2023 and indicate that her claim was restricted to unpaid holiday pay. Case No: 2413183/2023 2 3. A Notice of Claim was sent to the respondent on 11 January 2024 and to the claimant. It required the presentation of the response by 8 February 2024. It also made case management orders at numbered paragraphs 4, 5 & 6 with the relevant provisions below: ‘4.1 a document setting out how much s/he is claiming and how the amount has been calculated; 4.2 copies of all supporting documents and evidence. 5. The respondent must by 6 weeks from the date of this letter send to the claimant copies of all its relevant documents and evidence. 6. the claimant and the respondent are responsible for making sure any relevant witnesses attend the hearing.’ 4. The respondent applied for an extension of time for the presentation of their response and grounds of resistance on 20 May 2024, (which should have been provided by 8 February 2024). 5. On 8 November 2024, Employment Judge Batten allowe...
Employer
Employment Details
- Industry
- Other
- Representation
- Legally represented
Case Details
- Case Number
- 2413183/2023
- Decision Date
- 07/04/2025
- Published
- 06/05/2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Johnson