Claimant v Michael Wisher Ltd (in creditor's voluntary liquidation)
Outcome
Individual claims
The claim was presented on 6 August 2025 after employment ended on 31 January 2025. Under section 23 of the Employment Rights Act 1996, the complaint must be presented within 3 months of the deduction. There was no evidence that it was not reasonably practicable to present the claim in time. The tribunal found the claim was out of time and dismissed it.
Facts
Mr Mbungu's employment with Michael Wisher Ltd ended on 31 January 2025. He brought a claim for unauthorised deductions from wages which was presented on 6 August 2025. The respondent company was in creditor's voluntary liquidation. Neither the claimant, respondent nor interested party (Secretary of State) attended the hearing on 10 December 2025.
Decision
The tribunal dismissed the claim as out of time. Under section 23 of the Employment Rights Act 1996, a claim for unauthorised deductions must be presented within 3 months of the deduction. The claim was presented more than 6 months after employment ended, and there was no evidence it was not reasonably practicable to present the claim in time.
Practical note
Unrepresented claimants pursuing wage claims against insolvent companies must still comply with the strict 3-month time limit under ERA 1996 s.23, and failure to attend a hearing does not excuse missing the deadline.
Legal authorities cited
Statutes
Case details
- Case number
- 6029051/2025
- Decision date
- 10 December 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No