Case 6022997/2024 · Employment Tribunal
Mr C Calogero v Authentic Italian Street Food Limited HELD AT: Liverpool (by CVP) — 2025
- Case reference
- 6022997/2024
- Decision date
- 23 April 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Eeley REPRESENTATION
Parties
2 namedClaimant
Mr C Calogero
Key findings
Tribunal's reasoningThe claimant brought claims for unpaid wages and holiday pay. The tribunal considered time limits as a preliminary issue and found that the last asserted underpayment or failure to pay was on 16 August 2024, so the primary three-month time limit expired on 15 November 2024. ACAS Early Conciliation began on 2 December 2024, after that primary time limit had expired, and therefore did not extend the limitation period.
The tribunal found that the ET1 presented on 23 December 2024 was 38 days late. It concluded that the claimant was aware of his right to bring a claim, had access to solicitors between August and December 2024, and could reasonably have asked for advice about Employment Tribunal proceedings and time limits. The tribunal held that it was reasonably practicable for the claimant to present the claim in time, so the statutory test for extending time was not satisfied and the claim was dismissed.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The claim for unpaid wages/unauthorised deductions from wages was dismissed because it was presented outside the statutory time limit and the tribunal found it was reasonably practicable to present it in time. | Dismissed | — | — |
| Holiday pay | The claimant's ET1 included holiday pay. The judgment dismissed the claim because it was presented too late; the provided text does not separately analyse the holiday pay limitation provisions or any merits issue. | Dismissed | — | — |
Legal tests applied
9 references- section 23 Employment Rights Act 1996
- section 207B Employment Rights Act 1996
- reasonably practicable
- Palmer and anor v Southend-on-Sea Borough Council 1984 ICR 372
- Asda Stores Ltd v Kauser EAT 0165/07
- Lowri Beck Services Ltd v Brophy 2019 EWCA Civ 2490
- Dedman v British Building and Engineering Appliances Ltd 1974 ICR 53
- Porter v Bandridge Ltd 1978 ICR 943
- Wall's Meat Co Ltd v Khan 1979 ICR 52
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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