Former employee's race discrimination claim dismissed but holiday pay awarded
A former employee's claim for unfair dismissal and race discrimination failed due to time limits, but the tribunal awarded £243.54 for unpaid holiday pay.
1 min read · Last updated 19 May 2026
Key facts
- The claimant presented a claim for unfair dismissal outside the statutory time limit.
- The tribunal found it was reasonably practicable for the claimant to have presented the unfair dismissal claim in time.
- The tribunal extended time for the race discrimination complaints under section 123 of the Equality Act 2010.
- The claimant's claim for unpaid holiday pay was presented in time as he only discovered non-payment on 9 November 2022.
- The claimant's complaint of direct race discrimination failed and was dismissed.
- The respondent agreed to pay £243.54 for 3 days (27 hours) of accrued but untaken holiday.
Timeline
-
Final payslip received
The claimant received his final payslip and discovered non-payment of 4 days holiday pay.
-
Preliminary hearing
Employment Judge Stewart held a preliminary hearing to determine jurisdiction on time limits.
-
Preliminary judgment sent
The preliminary judgment was sent to the parties.
-
Substantive hearing day 1
The full merits hearing began before Employment Judge Gray and members.
-
Substantive hearing final day and judgment
The tribunal dismissed the race discrimination claim and ordered payment of £243.54 for holiday pay.
-
Judgment sent to parties
The written judgment was sent to the parties.
The legal issue
The tribunal had to decide whether the unfair dismissal claim was presented in time and whether the race discrimination claim should be allowed despite being late, and then whether the discrimination claim succeeded on its merits.
The outcome
The tribunal found that it did not have jurisdiction to hear the unfair dismissal claim because it was presented too late and it was reasonably practicable for the claimant to have done so in time. The race discrimination claim was allowed to proceed out of time but ultimately failed on the merits. The holiday pay claim was in time and the respondent agreed to pay £243.54 for 3 days (27 hours) of accrued but untaken holiday.
- Holiday pay: £243.54 (gross)
Lessons & takeaways
- If you have an unfair dismissal claim, you must present it to the tribunal within three months of the effective date of termination – missing this deadline can be fatal.
- For discrimination claims, the tribunal can extend time if it is 'just and equitable' to do so, but this is not automatic and you should still act promptly.
- Holiday pay claims can be brought within three months of discovering the non-payment, not necessarily from the date of dismissal.
- Even if a claim is allowed to proceed late, you still need to prove the discrimination on the facts – the tribunal will not assume it happened.
This case highlights the strict time limits that apply to employment tribunal claims, and the importance of acting quickly. The former employee brought claims for unfair dismissal, race discrimination, and unpaid holiday pay against OCS Group UK Ltd. However, the unfair dismissal claim was presented after the three-month time limit, and the tribunal found that it was reasonably practicable for the employee to have presented it in time. As a result, that claim could not proceed.
Discrimination claim allowed late but failed on merits
The race discrimination claim was also presented late, but the tribunal exercised its discretion to extend time under the Equality Act 2010 because it was 'just and equitable' to do so. However, when the case was heard on its merits, the tribunal found that the employee had not proved direct race discrimination. The claim was therefore dismissed.
Holiday pay claim succeeded
The one success for the employee was the claim for unpaid holiday pay. The tribunal accepted that the employee only discovered the non-payment when he received his final payslip on 9 November 2022, and the claim was presented within three months of that date. The respondent agreed to pay £243.54 for three days of accrued but untaken holiday.
What this means for similar claims
This case is a reminder that time limits in employment tribunals are strictly enforced. For unfair dismissal, the clock starts ticking from the date of dismissal, and there is limited scope for extension. For discrimination claims, the tribunal has more flexibility, but you still need to act promptly and be prepared to justify any delay. Even if you get over the time limit hurdle, you still need strong evidence to prove your case on the facts.
Similar cases
Hair salon employee wins unfair dismissal and holiday pay after late claim accepted
A hair and beauty salon employee was unfairly dismissed and awarded over £2,600 in compensation, including unpaid holiday pay, after the tribunal accepted her claim was presented late due to circumstances beyond her control.
Unfair dismissal but 100% Polkey reduction due to workplace closure
A former employee was unfairly dismissed but received only limited compensation because the tribunal found he would have been fairly dismissed a month later when the workplace closed. Total award: £12,419.29.
Short-service engineer loses unfair dismissal claim but wins holiday pay
A static maintenance engineer with under two years' service could not bring an unfair dismissal claim, but the tribunal awarded £803.88 in unpaid holiday pay.
Former employee loses unfair dismissal and discrimination claims after failing to pursue them
A former employee's unfair dismissal claim was dismissed for lack of continuity of employment, and his race discrimination claim was thrown out as out of time. Other claims were struck out for failing to actively pursue them.