Case 1803277/2021 · Employment Tribunal
In person v Mellors Catering Services Ltd — 2022
- Case reference
- 1803277/2021
- Decision date
- 25 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cox Representation
- Venue
- Leeds
Parties
2 namedClaimant
In person
Respondent
Key findings
Tribunal's reasoningThe Claimant alleged that the Respondent had failed to pay the correct amount of holiday pay between March and September 2020. At the preliminary hearing she confirmed the alleged underpayment dates as 1 and 29 May, 24 June, 24 July and 21 August 2020. The Tribunal treated this, for limitation purposes, as an alleged series of unauthorised deductions ending on 21 August 2020.
The Claimant contacted ACAS on 9 June 2021 and presented the claim on 18 June 2021. Because ACAS early conciliation was not started within the primary three-month time limit, it did not extend time. The Tribunal found the claim should have been presented by 20 November 2020.
The Tribunal accepted that the Claimant was not informed about her rights at the time, but found she knew in July and August 2020 that she was being paid less than she considered due, and this was confirmed in discussions with colleagues in September 2020. She raised the issue through her manager but took no further steps until May 2021, when she learned that a former colleague had received a payment after bringing a claim. The Tribunal was not satisfied that it was not reasonably practicable for her to present the claim in time, so the claim was dismissed.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The claim concerned alleged underpayment of holiday pay. The Tribunal considered the time limit both as a Working Time Regulations claim and as an alleged series of unauthorised deductions from wages, and dismissed it as presented out of time. | Dismissed | — | — |
Legal tests applied
8 references- Regulation 16(1) Working Time Regulations 1998
- Regulation 30(2)(a) Working Time Regulations 1998
- Regulation 30(2)(b) Working Time Regulations 1998
- Section 23(3) Employment Rights Act 1996
- Section 23(4) Employment Rights Act 1996
- Regulation 30B Working Time Regulations 1998
- Section 207B Employment Rights Act 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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