Claimant v Openreach Limited
Outcome
Individual claims
The tribunal dismissed the claim because it had no jurisdiction under section 27 of the Employment Rights Act 1996. The claim was presented out of time (more than 3 months from the last deduction), and while it was not reasonably practicable for the claimant to present in time, the tribunal found the claim was not presented within a further reasonable period.
Facts
Mr Sullivan brought an unlawful deduction of wages claim against Openreach Limited. The claim was presented more than 3 months after the date of the last alleged deduction. This was a preliminary hearing to determine whether the tribunal had jurisdiction to hear the claim given the time limit issue.
Decision
The tribunal dismissed the claim for lack of jurisdiction. While the judge accepted it was not reasonably practicable for the claimant to present his claim within the primary 3-month time limit, the judge found that the claim was not presented within such further period as was reasonable in the circumstances.
Practical note
Even where a tribunal accepts that it was not reasonably practicable to present an unlawful deduction of wages claim in time, a claimant must still present the claim within a reasonable further period or risk the claim being dismissed for lack of jurisdiction.
Legal authorities cited
Statutes
Case details
- Case number
- 6025741/2025
- Decision date
- 5 December 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- telecoms
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No