Claimant v Nationwide Enforcement Services Ltd
Outcome
Individual claims
The tribunal dismissed the claim for lack of jurisdiction as it was presented outside the applicable time limit under section 23 ERA 1996. The time limit expired on 15 March 2024 but the claim was not filed until 4 March 2025. The tribunal found it was reasonably practicable for the claimant to have presented the claim on time and it was not presented within a reasonable period thereafter.
Facts
The claimant brought a complaint of unauthorised deduction from wages against his former employer. The applicable time limit under section 23 of the Employment Rights Act 1996 expired on 15 March 2024. The claimant did not file his claim until 4 March 2025, nearly one year out of time. This was a preliminary hearing to determine whether the tribunal had jurisdiction to hear the claim.
Decision
The tribunal dismissed the claim for lack of jurisdiction. It found that it was reasonably practicable for the claimant to have presented his claim by the deadline of 15 March 2024, and in any event the claim filed on 4 March 2025 was not presented within a reasonable period after the deadline expired.
Practical note
Claimants must file unlawful deduction from wages claims within three months of the deduction (less one day), and substantial delay of nearly a year will result in dismissal where there is no good reason the claim could not have been filed on time.
Legal authorities cited
Statutes
Case details
- Case number
- 6007387/2025
- Decision date
- 18 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No