Claimant v Mr Yu Wang

Outcome

Facts

Four claimants who had worked at Uniview Restaurant claimed unpaid furlough pay from March 2020 to June 2021. Their employer was Uniview Limited, which was dissolved on 22 June 2021. The claimants named the company's sole director, Mr Wang, as respondent. They contacted ACAS in May 2021 but did not lodge tribunal claims. Instead, they attempted to file a Sheriff Court action in March 2022, which was defective and never pursued. They finally lodged tribunal claims in July 2025, approximately four years after the last alleged deduction.

Decision

The tribunal dismissed the claims for lack of jurisdiction. The claims were struck out on two grounds: first, they were lodged approximately four years out of time and the tribunal found it was reasonably practicable to have lodged in time (the claimants had contacted ACAS in May 2021), and in any event four years was not a reasonable period thereafter. Second, the claimants accepted they were employed by Uniview Limited (now dissolved), not by Mr Wang personally, so the claims against him had no prospect of success.

Practical note

Legal authorities cited