Case 1804206/2021 · Employment Tribunal
In person v Mellors Catering Services Ltd — 2022
- Case reference
- 1804206/2021
- 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 October 2020. The Tribunal had to decide as a preliminary point 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 was a series of unauthorised deductions from wages and that the final alleged underpayment was received on 13 November 2020. Because ACAS early conciliation was not started until 2 July 2021, it did not extend the basic time limit, and the claim should have been presented by 12 February 2021.
The Tribunal found that the Claimant knew by the end of 2020 that there was a time limit issue after speaking to her union, but then took no active steps to find out how to enforce her rights and continued to leave the matter to managers. It did not accept that it was not reasonably practicable for her to present the claim in time, and also stated that even if time had been extended, the claim was not brought within a further reasonable period. The claim was dismissed.
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. The Tribunal considered limitation both as a Working Time Regulations claim and as an unauthorised deduction from wages claim, and dismissed it as presented 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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