Case 1803716/2021 · Employment Tribunal
In person v Mellors Catering Services Ltd — 2022
- Case reference
- 1803716/2021
- 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 furlough leave and had underpaid her for six days' work in June 2020. The tribunal considered as a preliminary issue whether those claims had been presented within the applicable time limits.
The tribunal assumed in the Claimant's favour that the holiday pay complaint could be treated as a series of unauthorised deductions ending at the end of September 2020, and that the wages underpayment occurred at the end of July 2020. Because the Claimant did not contact ACAS until 3 July 2021, early conciliation did not extend the basic time limits. On those assumptions, the holiday pay claim should have been presented by the end of December 2020 and the wages claim by the end of October 2020.
The tribunal did not accept that it was not reasonably feasible for the Claimant to present the claims in time. It found that she believed she had been underpaid wages by July 2020 and holiday pay by September 2020, but did not take active steps to find out how to enforce her rights within the limitation periods. The claim was therefore dismissed as out of time.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Holiday pay | Claim for alleged underpayment of holiday pay during furlough was dismissed at a preliminary hearing because it was presented out of time; the tribunal did not determine the merits. | Dismissed | — | — |
| Unlawful deduction from wages | Claim for alleged underpayment for six days' work in June 2020 was dismissed at a preliminary hearing because it was presented out of time; the tribunal did not determine the merits. | 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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