Claimant v Byosen Limited
Outcome
Individual claims
Claim dismissed as out of time. The date for payment of wages would have been 31 August 2023. Early conciliation started 04/03/24 but should have started by 30/11/23 at latest (three months less one day from alleged deduction). Claimant provided no reasons or evidence to justify extension of time despite being on notice of limitation issue for 11 months.
Facts
The claimant was an intern at the respondent company from June to August 2023 and claimed unpaid wages. He filed his claim in May 2024, significantly out of time. The case was listed for final hearing four times over 12 months, with multiple adjournments due to service issues and the claimant's residence in India. The claimant failed to attend the fourth hearing without explanation and provided no evidence or reasons to justify an extension of time despite being on notice of the limitation issue for 11 months.
Decision
The tribunal dismissed the claim as out of time. Early conciliation should have started by 30 November 2023 at the latest but was not commenced until 4 March 2024. The claimant provided no evidence or reasons to justify an extension of time. The tribunal also awarded costs of £361 against the claimant for unreasonable conduct in failing to address the limitation issue and not attending the hearing.
Practical note
Claimants must act promptly on time limitation issues once raised by a tribunal, and repeated non-attendance at hearings without explanation may result in costs orders even in modest value claims.
Legal authorities cited
Case details
- Case number
- 6002390/2024
- Decision date
- 24 July 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Byosen Limited
- Sector
- other
- Represented
- No
- Rep type
- in house
Employment details
- Role
- intern
- Service
- 1 months
Claimant representation
- Represented
- No