Case 1803629/2021 · Employment Tribunal
In person v Mellors Catering Services Ltd — 2022
- Case reference
- 1803629/2021
- 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 failed to pay the correct amount of holiday pay during a period of furlough leave from March to September 2020. The Tribunal considered the time limits both for a Working Time Regulations holiday pay claim and for an unauthorised deduction from wages claim involving holiday pay.
For limitation purposes, the Tribunal assumed in the Claimant's favour that the claim was a series of unauthorised deductions and that the final alleged underpayment was received on 16 October 2020. Because the Claimant did not contact ACAS until 19 June 2021, early conciliation did not extend time, and the claim should have been presented by 15 January 2021.
The Tribunal found that it was reasonably feasible for the Claimant to make enquiries about her rights and how to enforce them after she believed in September 2020 that her holiday pay had been underpaid. It did not accept that it was not reasonably practicable for her to present the claim in time, and dismissed the claim.
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 leave. It was dismissed at a preliminary hearing because it was presented out of time. | Dismissed | — | — |
Legal tests applied
5 references- Regulation 30(2) 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
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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