Did not attend v Mellors Catering Services Ltd — 2022

Miss A Whitehead and other claimants alleged that Mellors Catering Services Limited had failed to pay the correct amount of holiday pay for a period from March to September 2020. This case was heard as a preliminary issue because the tribunal first had to decide whether the claim had been brought in time. The claimant did not attend the hearing and did not file the statement the tribunal had directed her to provide explaining the delay.

The tribunal considered the claim both as a Working Time Regulations holiday pay claim and, alternatively, as a claim for unauthorised deductions from wages. On either analysis, the relevant time limit had expired. The tribunal treated the complaint as a series of unauthorised deductions ending with a payday sometime in September 2020. Because ACAS early conciliation did not begin until 9 June 2021, the early conciliation rules did not extend the limitation period, and the claim should have been presented by the end of December 2020 at the latest.

The tribunal found there was no evidence from the claimant to show that it was not reasonably practicable to present the claim within the ordinary three-month time limit. In the absence of any witness evidence or other explanation, the tribunal was not satisfied that the late presentation could be excused. The claim was therefore dismissed in its entirety at the preliminary hearing.