Claimant v Servent Limited
Outcome
Individual claims
The tribunal found the claim was presented out of time, being more than three months from the date of the alleged deduction from wages. The claimant failed to demonstrate that it was not reasonably practicable to present the claim in time under section 23(4) ERA 1996, and therefore the tribunal had no jurisdiction to hear the claim.
Facts
Mr Harvey brought a claim for unlawful deduction from wages against Servent Limited. The claimant appeared in person at a video hearing while the respondent was represented by a solicitor. The tribunal had to determine whether the claim had been presented within the required time limits.
Decision
The tribunal dismissed the claim on jurisdictional grounds, finding it was presented outside the three-month time limit required under section 23(2)(a) ERA 1996. The claimant failed to satisfy the tribunal that it was not reasonably practicable to present the claim in time under section 23(4), and therefore the tribunal had no jurisdiction to hear the substantive claim.
Practical note
Unrepresented claimants must strictly comply with the three-month time limit for unlawful deduction from wages claims, and the 'not reasonably practicable' extension test is narrowly applied in time limit cases.
Legal authorities cited
Statutes
Case details
- Case number
- 4100977/2025
- Decision date
- 18 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Servent Limited
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No