Case 1803749/2021 · Employment Tribunal
In person v Mellors Catering Services Ltd — 2022
- Case reference
- 1803749/2021
- 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 from April to early September 2020. The Tribunal considered as a preliminary issue whether the claim had been presented within the applicable time limits.
For limitation purposes, 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. Because early conciliation did not begin until 3 July 2021, it did not extend time, and the claim should have been presented by 17 December 2020.
The Tribunal did not accept that it was not reasonably practicable or feasible for the Claimant to present the claim in time. It found that she believed in September 2020 that her holiday pay was wrong but took no steps to find out about her rights or how to enforce them, and that any failing by her union advisers could not establish that it was not reasonably practicable to bring the claim in time. 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 alleged underpayment of holiday pay during furlough. The Tribunal considered the time limit both as a Working Time Regulations claim and as an unauthorised deductions claim, and dismissed it 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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