In person v Mellors Catering Services Ltd — 2022

The Claimant worked for the Respondent as a general kitchen assistant and claimed that she had been underpaid holiday pay during a furlough period from March to September 2020. At the preliminary hearing she identified alleged underpayment dates of 1 and 29 May, 24 June, 24 July and 21 August 2020. The Tribunal treated these, for limitation purposes, as an alleged series of unauthorised deductions ending on 21 August 2020.

Because the Claimant did not contact ACAS until 9 June 2021, early conciliation did not extend the applicable time limit. The Tribunal found that the claim should have been presented by 20 November 2020 but was presented nearly seven months later.

The Tribunal accepted that it was not reasonably practicable for the Claimant to present the claim within the original three-month time limit, because she only had reason to query earlier furlough payments shortly before that limit expired. However, it did not accept that she then presented the claim within a further reasonable period, as she took no reasonable steps to research or enforce her rights until several months later. The claim was therefore dismissed.