Case 1803287/2021 · Employment Tribunal
In person v Mellors Catering Services Ltd — 2022
- Case reference
- 1803287/2021
- 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. The Tribunal treated limitation as a preliminary issue and considered the claim on the bases most advantageous to the Claimant: as an alleged series of unauthorised deductions ending on 21 August 2020, or as a breach of contract claim outstanding on termination of employment.
The Claimant contacted ACAS on 9 June 2021 and presented the claim on 18 June 2021. The Tribunal found that early conciliation did not extend time because ACAS was not contacted within the basic three-month time limit. On the unauthorised deductions analysis the claim should have been presented by 20 November 2020, and on the breach of contract analysis by 22 January 2021.
The Tribunal accepted that before November 2020 it was not reasonably practicable for the Claimant to bring an ERA holiday pay claim because she did not know she might have been underpaid. However, after learning in November 2020 that a former colleague had made a claim and received a payment, she took no active steps to pursue her own claim and left matters to colleagues. The Tribunal found that the ERA claim was not brought within a further reasonable period and that it was reasonably practicable for her to have presented any breach of contract claim by 22 January 2021. The claim was dismissed as out of time.
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 during furlough. The Tribunal considered limitation on the bases most advantageous to the Claimant, including unauthorised deductions from wages and breach of contract, and dismissed the claim as out of time. | Dismissed | — | — |
Legal tests applied
10 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 7 Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
- Regulation 30B Working Time Regulations 1998
- Section 207B Employment Rights Act 1996
- Regulation 8B Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994
- 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
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