Case 1803284/2021 · Employment Tribunal
In person v Mellors Catering Services Ltd — 2022
- Case reference
- 1803284/2021
- 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 a period from March to September 2020. After ACAS early conciliation from 9 to 15 June 2021, she presented her Tribunal claim on 18 June 2021.
The Tribunal treated the claim for limitation purposes as an alleged series of unauthorised deductions from wages ending with a September 2020 payday. Because the Claimant did not contact ACAS until 9 June 2021, early conciliation did not extend the basic time limit, and the claim should have been presented by the end of December 2020 at the latest.
The Tribunal found that the Claimant believed by September 2020 that she had been paid less than she was due and later learned, before the limitation period expired, that two former employees had received payouts. Although she queried the matter with managers and was not given satisfactory answers or copies of wage slips, the Tribunal did not accept that it was not reasonably practicable for her to present the claim in time. The claim was therefore 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 under the Working Time Regulations 1998 and as an unauthorised deduction from wages, and treated it for limitation purposes as an alleged series of unauthorised deductions ending in September 2020. It was dismissed as 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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