Case 1803276/2021 · Employment Tribunal
Did not attend v Mellors Catering Services Ltd — 2022
- Case reference
- 1803276/2021
- Decision date
- 25 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cox Representation
- Venue
- Leeds
Parties
2 namedClaimant
Did not attend
Respondent
Key findings
Tribunal's reasoningMrs Batty presented a claim on 18 June 2021 alleging that Mellors Catering Services Limited had failed to pay the correct amount of holiday pay during furlough leave from March to September 2020. The tribunal dealt only with limitation. It assumed in the claimant's favour that the claim was a series of unlawful deductions from wages and that the final underpayment was received at the end of September 2020. On that basis, and because ACAS early conciliation did not begin until 18 June 2021, the three-month time limit was not extended and the claim should have been presented by the end of December 2020.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Preliminary hearing only. The tribunal dismissed the claim as presented out of time, having treated it in the claimant's favour as a series of unlawful deductions from wages for limitation purposes. | Dismissed | — | — |
Legal tests applied
6 references- regulation 30(2)(a) WTR
- regulation 30(2)(b) WTR
- section 23(3) ERA 1996
- section 23(4) ERA 1996
- section 207B ERA 1996
- not reasonably practicable
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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