Mr P Jessup v Huseyin Kulhas t/a Café Edinburgh — 2025

Mr P Jessup brought a complaint under regulation 30 of the Working Time Regulations 1998 alleging that Huseyin Kulhas t/a Café Edinburgh had not paid all holiday pay due for the period 25 May 2024 to 31 December 2024. At the hearing, he confirmed that the claim was being pursued under the Working Time Regulations 1998 and did not apply to amend the claim to unlawful deduction from wages or breach of contract. The Tribunal treated the issue as one of jurisdiction and time limit rather than the merits of the holiday-pay calculation.

The Tribunal found that the complaint concerned a series of deductions, with the last payment due on 28 December 2024. On that basis, the claim should have been presented by 27 March 2025. Early conciliation did not begin until 25 May 2025, after the expiry of that three-month period, and the claim form was not sent until 5 August 2025. The Tribunal therefore held that the complaint was not presented in time.

The Tribunal then considered whether it had nevertheless been reasonably practicable for the claimant to present the complaint within the time limit. It found that by 5 March 2025 the claimant knew that the respondent was only proposing a back payment for the 2025 holiday year, knew that no further payment was being made for the 2024 holiday year, had contacted ACAS, and was aware that tribunal time limits applied. The Tribunal also found that he was able to make online enquiries and had enough information to bring proceedings earlier, even though he was also trying to resolve the matter informally and remained employed. It concluded that it had been reasonably practicable for him to present the claim in time.

Because the claim was out of time and no further extension was justified, the Tribunal held that it did not have jurisdiction to hear the complaint. No monetary remedy was awarded.