J Olatunde v Viewber Ltd

J Olatunde v Viewber Ltd

The tribunal did not err in refusing the amendment to add the national minimum wage claim or the wider holiday pay claim based on keyholding time, as it properly considered the relevant factors and balanced the hardship, but failed to consider a narrower holiday pay claim based solely on periods of actual viewing...

Source-derived case information.

Parties
Appellant: Mr J Olatunde; Respondent: Viewber Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Employment Appeal / Judgment on Appeal Against Refusal to Amend Claim
Outcome
Appeal dismissed in relation to NMW and wider holiday pay claim; remitted for consideration of narrow holiday pay claim based on actual assignments
Legal Topics
Amendment of Pleadings, National Minimum Wage, Holiday Pay, Strike Out Applications, Balance of Hardship
Employment Law Practice and Procedure Amendment of Pleadings National Minimum Wage Holiday Pay Strike Out Applications Balance of Hardship

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr J Olatunde

Appellant

Viewber Limited

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal Against Refusal to Amend Claim

Legal Issues

  1. 1 Whether the tribunal erred in refusing the claimant's application to amend to add national minimum wage and holiday pay claims
  2. 2 Whether the tribunal failed to apply or misapplied the Selkent principles, specifically the balancing of hardship to both parties
  3. 3 Whether the tribunal failed to consider the holiday pay amendment as a distinct issue

Ratio Decidendi

The tribunal did not err in refusing the amendment to add the national minimum wage claim or the wider holiday pay claim based on keyholding time, as it properly considered the relevant factors and balanced the hardship, but failed to consider a narrower holiday pay claim based solely on periods of actual viewing assignments. That discrete issue is to be remitted for consideration by a different judge.

Court Disposition

Appeal dismissed in relation to NMW and wider holiday pay claim; remitted for consideration of narrow holiday pay claim based on actual assignments

Orders

  • The issue of amendment to add a holiday pay claim based solely on periods of actual viewing assignments is remitted for consideration by a different judge.
  • All other aspects of the appeal are dismissed.