Case 1803461/2021 · Employment Tribunal
In person v Mellors Catering Services Ltd — 2022
- Case reference
- 1803461/2021
- 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 worked for the Respondent as a kitchen assistant and claimed that she had not been paid the correct amount of holiday pay during furlough leave from March to August 2020. After ACAS early conciliation from 19 to 23 June 2021, she presented her claim on 1 July 2021. The preliminary issue was whether the Tribunal had power to deal with the claim given the applicable time limits.
The Tribunal assumed in the Claimant's favour that the claim could be treated as a series of unauthorised deductions and that the final alleged underpayment was made on 18 September 2020. On that basis, the claim should have been presented by 17 December 2020, and the later ACAS early conciliation could not extend time because it was not started within the original three-month period.
The Tribunal found that the Claimant had not shown it was not reasonably practicable to present the claim in time. She had raised the issue with her manager in September 2020 but did not research or pursue her rights then, and she could not explain the later delay after a new manager told her she might have a Tribunal claim. The claim was therefore dismissed as presented out of time.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | The claim alleged underpayment of holiday pay during furlough. The tribunal considered the limitation issue both as a Working Time Regulations holiday pay claim and, in the alternative, as a series of unauthorised deductions from wages, and dismissed the claim 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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