Cases6023561/2025

Claimant v Michael Wisher Limited (in Voluntary Liquidation)

19 December 2025Before Employment Judge J ConnollyLondon Centralremote video

Outcome

Claimant fails

Individual claims

Unlawful Deduction from Wagesdismissed on withdrawal

The Tribunal found it did not have jurisdiction to hear the claim as it was not submitted within the time limit required by section 23(2) of the Employment Rights Act 1996. The claim was therefore dismissed.

Facts

Mr Miller brought a claim for unauthorised deduction from wages against Michael Wisher Limited, a company in voluntary liquidation. The hearing was conducted remotely. The respondent did not attend. The claimant represented himself.

Decision

The Tribunal dismissed the claim on jurisdictional grounds. The claim was not submitted within the statutory time limit required by section 23(2) of the Employment Rights Act 1996, and therefore the Tribunal had no jurisdiction to hear it.

Practical note

Claims for unauthorised deduction from wages must be brought within three months of the deduction (or the last in a series of deductions), and the Tribunal has no discretion to extend time where this limit is missed unless it was not reasonably practicable to present the claim in time.

Legal authorities cited

Statutes

ERA 1996 s.23(2)

Case details

Case number
6023561/2025
Decision date
19 December 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
Represented
No

Claimant representation

Represented
No