Ganns Ltd Subway

Case Summary

Two claimants brought joined claims for unlawful deductions relating to unpaid holiday pay against Ganns Limited Subway. The tribunal considered whether the claims, issued on 30 April 2025 following ACAS early conciliation ending 22 April 2025, had been started in time given that employment ended in December 2024. The preliminary hearing examined the 'reasonably practicable' test for time limit extensions.

The judgment provides detailed reasoning on the 'not reasonably practicable' test for time limit compliance, examining whether the claimants, whose first language was not English and who were subject to immigration controls, had been aware of their entitlement to holiday pay since October 2024 and had contacted Citizens Advice Bureau by mid-December 2024. The tribunal considered the burden on claimants to prove timely claim submission and applied the legal principles from relevant case law.

• •Whether claims for holiday pay were issued in time
• •Whether it was reasonably practicable for claimants to issue claims within the 3-month statutory time limit
• •Date of employment termination
• •Whether claimants were dismissed or left of their own volition

Case No: 2304534/2025 and 2304535/2025 10.8 Reasons – rule 62(3) March 2017 EMPLOYMENT TRIBUNALS Claimant: Mrs A Ashokan Mr D Paramasivan Respondent: Ganns Limited Subway Heard at: London South On: 08/01/26 Before: EJ England Representation Claimant: Mr T Puspanadan (supporting friend, in addition to both Claimants attending) Respondent: Mr O Bankole and Mrs A Bankole (business owners) JUDGMENT having been sent to the parties on [ ] and written reasons having been requested by the Claimants in accordance with Rule 62(3) of the Employment Tribunals Rules of Procedure 2013, the following reasons are provided: REASONS 1. These joined cases were listed for trial to hear claims of holiday pay. The parties attended a preliminary hearing on 11 December 2025 at which the issues were discussed, including a question of whether the claims were started in time. 2. There was to be a 1 day trial on 11 December 2025 but this was instead converted to a preliminary because neither party was ready for trial. The question of whether the claims were started in time was highlighted but the Tribunal decided to list that matter to be dealt with at the further listed trial. I heard evidence and submissions about the preliminary issue of whether the claims were issued in time as well as considered relevant documentation provided to me for the trial. 3. The relevant agreed dates for both claims are: a. ACAS early conciliation periods: 15 April 2025 - 22 April 2025. Case No: 2304534/2025 and 2304535/2025 10.8 Reasons – rule 62(3) March 2017 b. Issuing of claims: 30 April 2025 4. Although the PH records that it is agreed that both Claimants’ employment ended on 16 December 2024, consistent with the ET1s and ET3s, the Claimants informed me that they were last paid on 13 December and c…