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 considered the preliminary issue of whether the claim was out of time, treating the alleged underpayments as a series of unauthorised deductions ending on 21 August 2020. Because ACAS early conciliation did not begin until 9 June 2021, the early conciliation period did not extend the basic time limit, and the claim should ordinarily have been presented by 20 November 2020.

The Tribunal found that the first point at which the Claimant had cause to believe she might have been underpaid was when she saw a 13 November 2020 payslip showing a 20% top-up for the half-term break. It found that it was not reasonably practicable for her to research her rights, contact ACAS, and bring a claim within the one remaining week before the time limit expired.

The Tribunal also accepted that the claim was presented within a further reasonable period. It took account of the Claimant's cancer diagnosis and treatment from late December 2020 onwards, and the fact that she took action after Ms Batty contacted her at the end of May or beginning of June 2021 about a holiday pay claim. The Tribunal held that the claim would continue to be heard on its merits.