Case 1803280/2021 · Employment Tribunal
In person v Mellors Catering Services Ltd — 2022
- Case reference
- 1803280/2021
- 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 during furlough periods in March to September 2020 and 23 October to 3 November 2020. The tribunal had to decide as a preliminary issue whether the claim was in time.
The tribunal treated the alleged underpayments, for limitation purposes, as a series of unauthorised deductions ending with the payday for the period to 3 November 2020, which was 13 November 2020. Because the Claimant did not contact ACAS until 9 June 2021, early conciliation did not extend the time limit, and the claim should have been presented by 12 February 2021.
The tribunal found that it was reasonably feasible for the Claimant to have presented the claim within the three-month time limit. She believed she had not been paid correctly, queried the issue with her manager, had researched her rights online, and had access to advice from her cousin, who mentioned time limits. The tribunal was not satisfied that the reasonably practicable extension applied, so the claim was dismissed.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The claim alleged underpayment of holiday pay. The tribunal considered the limitation issue both as a Working Time Regulations 1998 holiday pay claim and as a possible unauthorised deduction from wages claim, and dismissed it as presented out of time. | Dismissed | — | — |
| Unlawful deduction from wages | The tribunal viewed the alleged holiday pay underpayments, for limitation purposes, as an alleged series of unauthorised deductions from wages ending on the Respondent's payday of 13 November 2020. The claim was out of time. | Dismissed | — | — |
Legal tests applied
8 references- Regulation 16(1) WTR
- Regulation 30(2)(a) WTR
- Regulation 30(2)(b) WTR
- Section 23(3) ERA
- Section 23(4) ERA
- Regulation 30B WTR
- Section 207B ERA
- 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.
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