Outcome
Individual claims
The claim for unpaid salary was presented outside the three-month time limit prescribed by section 23 of the Employment Rights Act 1996. The claimant failed to respond to the tribunal's order to explain why it was not reasonably practicable to present the claim in time, providing no evidence on which time could be extended. The tribunal therefore had no jurisdiction to hear the claim.
Facts
The claimant's employment terminated on 28 February 2024. She commenced ACAS Early Conciliation on 6 November 2024 and received a certificate on 11 November 2024. She presented a claim for unpaid salary on 10 December 2024, more than nine months after termination. The tribunal wrote to her on 2 September 2025 asking her to explain why it was not reasonably practicable to present her claim in time and to provide details of her claim calculation. The claimant did not respond to this order.
Decision
The tribunal dismissed the claim as it was presented outside the three-month statutory time limit and the claimant provided no evidence to justify an extension of time. Having failed to respond to the tribunal's order, there was no basis on which the tribunal could find it was not reasonably practicable to present the claim in time, and the tribunal therefore had no jurisdiction to hear the claim.
Practical note
Unrepresented claimants must respond to tribunal orders regarding time limits, as failure to engage with jurisdictional issues will result in dismissal regardless of the underlying merits of the claim.
Legal authorities cited
Statutes
Case details
- Case number
- 6021536/2024
- Decision date
- 18 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Doron
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No