Claimant v Bupa Care Services Limited
Outcome
Individual claims
The tribunal found that the complaint of unlawful deduction from wages was not presented within the applicable time limit under the Employment Rights Act 1996. The tribunal further determined that it was reasonably practicable for the claimant to have presented the claim within the time limit, meaning there was no basis to extend time. The claim was therefore dismissed.
Facts
Mr Mbah brought a claim against BUPA Care Services Limited for unlawful deduction from wages. The case came before the tribunal for a preliminary hearing to determine whether the claim had been presented within the applicable statutory time limit.
Decision
Employment Judge Davidson dismissed the claim on the basis that it was presented outside the statutory time limit for unlawful deduction from wages claims. The tribunal found that it was reasonably practicable for the claimant to have presented the claim in time, so there was no basis to extend the time limit.
Practical note
Claimants must strictly observe time limits for wage deduction claims, and the tribunal will not extend time where it was reasonably practicable to comply with the deadline.
Legal authorities cited
Case details
- Case number
- 3303649/2024
- Decision date
- 5 December 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No