In person v Mellors Catering Services Ltd — 2022

The Claimant alleged that the Respondent had failed to pay the correct amount of holiday pay during a period from March to September 2020. The Tribunal treated the relevant alleged underpayments as a series ending on 21 August 2020, meaning the claim should have been presented by 20 November 2020. The Claimant did not contact ACAS until 9 June 2021 and presented the claim on 18 June 2021, so early conciliation did not extend the time limit.

The Tribunal found that during the autumn term of 2020 the Claimant and colleagues believed their furlough-period pay had not been right, raised the issue with management, and knew that a former colleague had made a Tribunal claim and received a payout. Although a senior manager had said the payments were correct, the Tribunal found that the Claimant took no steps within the time limit to check the position or how to enforce her rights.

The Tribunal did not accept that it was not reasonably practicable for the Claimant to present the claim in time. It found that information and advice about enforcing holiday pay rights and time limits was readily available, including from Government and ACAS sources. The claim was dismissed as out of time.