The claimant was employed as a Shop Manager by the respondent. She initially complained of sex discrimination and disability discrimination and failed to tick any of the boxes on the claim form relating to holiday pay or unpaid leave, despite having the benefit of professional advice at the time. On the day of the hearing, the parties resolved their dispute with the assistance of the LRA and an agreement was drawn up reflecting the claimant’s acceptance of a sum in full and final settlement of the proceedings.

Shortly after the agreement was concluded, the claimant’s husband discovered the claimant’s final payslip showing 86 days' unpaid leave which was not reflected in the agreement. The respondent argued that the claimant