Claimant v Affectionate Care Home Limited
Outcome
Individual claims
Struck out as out of time. Claimant's last payment was 28 February 2024. Time limit for wages claims is three months from date payment due. Even adding 16 days for early conciliation, any failure before 15 January 2025 was out of time. Claim filed 1 May 2025. Tribunal found no reasonable prospect of showing it was not reasonably practicable to file earlier, and claim not filed within reasonable further period.
Struck out as out of time. Claimant's position was that holiday payments were due by 28 February 2024 as she had received rolled-up or periodic holiday payments, with underpayment identified by that date. Same time limit issues applied as for unlawful deduction from wages claim. No reasonable prospect of showing claim was brought in time.
Facts
Ms Gichanga worked as a bank nurse for Affectionate Care Home Limited. Her last shift was 14 January 2024 and her last pay slip was 28 February 2024. She obtained advice from Age Concern on 2 December 2024 indicating she had been underpaid on wages and holiday pay. She wrote to the respondent on 20 December 2024 but did not start ACAS early conciliation until 15 March 2025. Early conciliation ended 31 March 2025 and she filed her claim on 1 May 2025. She failed to attend the preliminary hearing, having attended the tribunal centre in person rather than joining by video.
Decision
The tribunal struck out both claims as having no reasonable prospect of success on the time limit issue. The claims were filed significantly out of time, with no explanation provided for the delays in seeking advice, contacting the respondent, starting early conciliation, or filing the claim after early conciliation ended. The tribunal found no reasonable prospect the claimant could show it was not reasonably practicable to have filed in time, and even if so, the claim was not filed within a reasonable further period.
Practical note
Unrepresented claimants in wages cases must act promptly once they identify underpayment, as unexplained delays of several months will result in claims being struck out as having no reasonable prospect of satisfying the 'reasonably practicable' test for extending time limits.
Legal authorities cited
Statutes
Case details
- Case number
- 2304539/2025
- Decision date
- 17 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- bank nurse
Claimant representation
- Represented
- No