Claimant v Portico Cooperate Reception Management Limited
Outcome
Individual claims
Claim dismissed as out of time under s.23(3) ERA 1996. Filed over three months after the alleged deduction on 30 June 2023 and termination on 27 July 2023. Tribunal found it was reasonably practicable for claimant to have brought claim in time, as she was aware of her rights and engaged with internal processes. Following internal resolution does not extend statutory time limits per Palmer v Southend.
Facts
Miss Ilunga resigned on 28 June 2023 with effective termination date of 27 July 2023. She alleged unauthorised deductions from her June 2023 pay, which was due on 30 June 2023. Rather than immediately filing a tribunal claim, she pursued Portico's internal processes to resolve the issue. She did not file her tribunal claim until 26 October 2023, over three months after both the deduction date and her termination date.
Decision
The tribunal dismissed the unauthorised deductions claim as out of time under s.23(3) ERA 1996. Judge Aspinall found it was reasonably practicable for the claimant to have brought the claim within three months, as she was aware of her rights and capable of taking action. Following internal procedures does not extend statutory time limits. The remaining claims will proceed to a final hearing on just and equitable grounds.
Practical note
Pursuing internal grievance procedures does not stop employment tribunal time limits from running, and claimants who are aware of their rights and engage with processes should reasonably be able to ascertain and comply with strict statutory deadlines.
Legal authorities cited
Statutes
Case details
- Case number
- 2305959/2023
- Decision date
- 30 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No