Claimant v Kindered Hearts Limited
Outcome
Individual claims
The tribunal accepted the claimant's evidence that tax and NI continued to be deducted from her wages from April 2024 onwards but she did not receive her net salary. The respondent did not attend or defend the claim. The tribunal determined under Rule 22 that the respondent had made unauthorised deductions from the claimant's wages totaling £3,679.02.
Facts
The claimant worked as a care worker and then care coordinator for the respondent from January 2023 to July 2024. From April 2024 onwards, the respondent deducted tax and NI from her wages but failed to pay her net salary, totaling £3,679.02 in unpaid wages. The claimant, who had recently moved to the UK, was unaware of her employment rights and focused on finding new employment. After securing a new job, a colleague informed her about the Employment Tribunal and she contacted ACAS, then filed her claim.
Decision
The tribunal extended time for the claim under s.23(4) ERA 1996, finding it was not reasonably practicable for the claimant to present her claim within three months given her lack of knowledge of UK employment rights and legal system. The respondent did not attend or defend. Under Rule 22, the tribunal found the respondent made unauthorised deductions from wages and ordered payment of £3,679.02.
Practical note
A claimant's genuine ignorance of employment rights and legal avenues, particularly when recently arrived in the UK, can render it not reasonably practicable to present a claim within the statutory time limit, justifying an extension under s.23(4) ERA 1996.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 6007775/2025
- Decision date
- 30 July 2025
- Hearing type
- rule 21
- Hearing days
- 1
- Classification
- default
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
- Role
- Care Worker, then Care Co-ordinator
- Service
- 2 years
Claimant representation
- Represented
- No