Case 1803278/2021 · Employment Tribunal
In person v Mellors Catering Services Ltd — 2022
- Case reference
- 1803278/2021
- 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 her the correct amount of holiday pay during a period from March to September 2020. The Tribunal treated the dates identified by the Claimant as an alleged series of unauthorised deductions ending on 19 September 2020, meaning the claim should have been presented by 18 December 2020. The Claimant contacted ACAS on 9 June 2021 and presented the claim on 18 June 2021, so early conciliation did not extend the time limit.
The Tribunal found that the Claimant had concerns during July and August 2020 that she was not being paid what she was owed, discussed those concerns with colleagues, and raised them with her manager on returning to work in September 2020. When no response was received, she took no further steps until March 2021, after hearing that an ex-colleague had contacted ACAS and received a payment.
The Tribunal was not satisfied that it was not reasonably practicable for the Claimant to present the claim within the three-month time limit. The claim was therefore dismissed as out of time.
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 from March to September 2020. The Tribunal considered the time limit whether characterised under the Working Time Regulations 1998 or as unauthorised deductions from wages, and dismissed the claim 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
- 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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