Portland Care 5 Ltd

PHCM Order 1 of 9 September 2023 EMPLOYMENT TRIBUNALS Claimant: Mrs P West Respondent: Portland Care 5 Limited Heard at: Nottingham Employment Tribunal (in public) On: 21 August 2025 Before: Employment Judge Ost (sitting alone) Appearances For the claimant: Mrs West (in person) For the respondent: Mr Mitchell (of the Respondent company) JUDGMENT After consideration of the evidence provided and submissions made by each party at the Preliminary Hearing, the judgment of the Tribunal in relation to the time limits applicable to a complaint for accrued but unpaid holiday pay is as follows: 1. The claimant’s application for an extension of time under Regulation 30(2) of Working Time Regulations 1998 succeeds and, as such, the Tribunal has jurisdiction to consider her complaint at final hearing. WRITTEN REASONS The Background 2. Mrs West was employed by the respondent as a carer, working at Greenacres Grange care home. Her employment started on 26 January 2023 and ended on 16 May 2024. 3. Mrs West says that she was not told that she was entitled to holiday/holiday pay and she did not receive any holiday pay whilst employed by the respondent. Mrs West says that she was told in or around February 2024 that she should have received holiday/holiday pay. She says that she was told by the respondent that it was dealing with correcting that failure. However, Mrs West says that it was not dealt with during her employment. PHCM Order 2 of 9 September 2023 4. Mrs West’s employment ended on 16 May 2024. She commenced early conciliation with ACAS on 28 November 2024 and it ended on 9 January 2025. Mrs West submitted a claim for holiday pay on 9 January 2025. 5. The Respondent submitted its response form on 20 February 2025. The respondent indicated that it resisted Mrs West’s claim. 6. The dates of termination of employment, the ‘stop the clock’ period of early conciliati...