Claimant v Huseyin Kulhas t/a Café Edinburgh
Outcome
Individual claims
The tribunal found it had no jurisdiction to hear the complaint under regulation 30 of the Working Time Regulations 1998 because the claim was presented outside the three-month time limit and it was reasonably practicable for the claimant to have presented the claim in time. The claimant knew about time limits, had all necessary information by 5 March 2025, and was able to make enquiries with ACAS and online.
Facts
The claimant worked as a barista from May 2024 to August 2025. He claimed the respondent miscalculated his holiday pay for the 2024 holiday year, with the last incorrect payment made on 28 December 2024. He raised concerns internally in January 2025 and contacted ACAS. The respondent made a back payment for January-February 2025 but not for 2024. The claimant commenced early conciliation on 25 May 2025 and submitted his claim on 5 August 2025.
Decision
The tribunal found it had no jurisdiction to hear the holiday pay claim under the Working Time Regulations because the claim was presented outside the three-month time limit (should have been by 27 March 2025) and it was reasonably practicable for the claimant to have presented it in time, as he was aware of time limits and had all necessary information by early March 2025.
Practical note
Knowledge of tribunal time limits and attempting to resolve matters amicably does not excuse missing statutory time limits where it was reasonably practicable to present the claim in time while continuing internal discussions.
Legal authorities cited
Statutes
Case details
- Case number
- 8001897/2025
- Decision date
- 22 December 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- barista
- Service
- 1 years
Claimant representation
- Represented
- No