Did not attend v Mellors Catering Services Ltd — 2022

Miss S Reed worked for Mellors Catering Services Limited as a Catering Manager at Rawmarsh Community School. After ACAS early conciliation from 9 to 15 June 2021, she presented a claim on 18 June 2021 alleging that the respondent had not paid the correct amount of holiday pay during furlough leave from March to September 2020. The matter came before Employment Judge Cox at a preliminary hearing on 21 February 2022. Neither party attended, and the respondent relied on written representations only.

The tribunal first considered the time limits. It assumed in the claimant's favour that the claim could be treated as a series of unauthorised deductions from wages and that the final alleged underpayment was received at the end of September 2020. On that basis, the three-month limitation period expired at the end of December 2020. Because the claimant did not contact ACAS until 18 June 2021, the early conciliation extension did not assist her claim.

The claimant said she only pursued the matter after a former colleague raised the issue in September 2020 and again on 11 May 2021, after which she queried holiday pay with managers. The tribunal found that she could reasonably have been expected to take steps to check and enforce her rights when she first became aware of the alleged underpayment by the end of September 2020. It held that the respondent's assurances did not make it not reasonably practicable for her to present the claim in time.

The tribunal further held that, even if time only became problematic once the claimant spoke to colleagues on 11 and 12 May 2021, she did not present the claim within a further reasonable period because she waited about five weeks. The claim was therefore dismissed as presented out of time, and no monetary remedy was awarded.