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

The full source document is available from the official publication page.