Claimant v Nationwide Renewables Limited
Outcome
Individual claims
The claim was struck out because it was presented outside the time limit under section 23 ERA 1996, and it was reasonably practicable for the claimant to bring it in time. Additionally, the claim was an abuse of process because the claimant had already brought a counterclaim for the same unpaid wages in the County Court which was dismissed on 20 October 2024.
Facts
The claimant brought a claim for unauthorised deduction of wages in the Employment Tribunal. However, he had previously brought a counterclaim for the same unpaid wages in the County Court, which was dismissed on 20 October 2024. The Tribunal heard a preliminary hearing to determine whether it had jurisdiction to hear the claim.
Decision
The Tribunal found it had no jurisdiction to consider the claim. The claim was presented outside the time limit under section 23 ERA 1996, and it was reasonably practicable to have brought it in time. Additionally, the claim was an abuse of process as the claimant had already litigated the same issue in the County Court.
Practical note
A claimant cannot bring the same claim for unpaid wages in both the County Court and Employment Tribunal - this constitutes an abuse of process even if the first claim was unsuccessful.
Legal authorities cited
Statutes
Case details
- Case number
- 6017718/2024
- Decision date
- 1 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- energy
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- lay rep