Claimant v FPKglasgow1 Ltd
Outcome
Individual claims
The claimant worked 532 hours at £16 per hour earning £8,512 total but was never paid wages during employment. The respondent paid only £1,700 in instalments after employment ended, leaving £6,812 unpaid. The tribunal found the respondent made unauthorised deductions from wages contrary to s.13 ERA 1996.
Facts
The claimant worked as a pottery painting section manager for the respondent from 27 May 2024 to 4 November 2024, working 532 hours at £16 per hour. She received no wages at all during her employment despite querying this repeatedly. After employment ended, the respondent paid £1,700 in instalments between November 2024 and January 2025 but made no further payments. The respondent did not submit an ET3 or attend the hearing.
Decision
The tribunal found the claim was out of time but exercised discretion to hear it, accepting the claimant's reasonable mistaken belief that the time limit ran from the last instalment payment rather than the last date wages were due. The tribunal found the respondent made unauthorised deductions from wages and ordered payment of £6,812 (total earned £8,512 minus £1,700 already paid).
Practical note
A claimant's reasonable mistaken belief about when a time limit runs - even when self-researching the law - can satisfy the 'not reasonably practicable' test for extending time in unlawful deduction of wages claims.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 4100707/2025
- Decision date
- 4 November 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- FPKglasgow1 Ltd
- Sector
- hospitality
- Represented
- No
Employment details
- Role
- Manager of pottery painting section
- Service
- 5 months
Claimant representation
- Represented
- No