Claimant v Authentic Italian Street Food Limited
Outcome
Individual claims
The tribunal found the claim was presented 38 days out of time. The claimant had access to legal advice from solicitors throughout the period and was aware of his right to claim for unpaid wages. He made a deliberate choice to attempt resolution via correspondence rather than filing a tribunal claim. The tribunal concluded it was reasonably practicable for the claimant to have complied with the three-month time limit, and therefore the claim was dismissed as being out of time.
This claim was part of the same ET1 submission and was similarly dismissed as being out of time. The tribunal applied the same reasoning regarding reasonable practicability of compliance with the statutory time limit.
Facts
Mr Calogero worked as Operations Manager/Chef for Authentic Italian Street Food Ltd from August 2022 to August 2024. He resigned with immediate effect on 9 August 2024 following non-payment of wages, the last deduction occurring on 16 August 2024. He had consulted solicitors from August onwards primarily regarding commercial disputes (as he was also a director and shareholder), but those solicitors also addressed unpaid wages in correspondence with the respondent. He filed his ET1 on 23 December 2024, 38 days after the three-month limitation deadline of 15 November 2024.
Decision
The tribunal dismissed the claims as out of time. Employment Judge Eeley found it was reasonably practicable for the claimant to have filed within the three-month time limit. The claimant had access to solicitors throughout the relevant period and was aware of his rights to claim for unpaid wages. He made a deliberate choice to pursue resolution through correspondence rather than tribunal proceedings. ACAS Early Conciliation began after the primary time limit had expired and therefore provided no extension.
Practical note
Even where a claimant has legitimate ongoing commercial disputes with their former employer, they must still comply with strict employment tribunal time limits for wage claims, particularly when they have access to legal advice throughout the relevant period.
Legal authorities cited
Statutes
Case details
- Case number
- 6022997/2024
- Decision date
- 22 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
- Rep type
- in house
Employment details
- Role
- Operations Manager/Chef
- Service
- 2 years
Claimant representation
- Represented
- No