Claimant v E.C. Wire Limited
Outcome
Individual claims
The tribunal found that while it was not reasonably practicable to present the claim during the bail period (September 2023 to 7 June 2024), it was reasonably practicable to present it promptly after bail ended. The claimant waited until 15 July 2024 and provided no reasonable explanation for this further delay. The claim was therefore dismissed as out of time.
Facts
The claimant alleged an unlawful deduction of wages of £680 in August 2023 but did not file his claim until 15 July 2024. He was subject to bail conditions from September 2023 to 7 June 2024 which prohibited him from contacting the respondent. The claimant initially stated bail ended on 7 July 2024 but it actually ended on 7 June 2024. He provided no reasonable explanation for the five-week delay between the end of bail and filing his claim.
Decision
The tribunal found it was not reasonably practicable to present the claim during the bail period, but it was reasonably practicable to do so promptly after bail ended on 7 June 2024. The claimant failed to provide any adequate explanation for waiting until 15 July 2024. The further period of five weeks after bail ended was not reasonable, and the claim was dismissed as out of time.
Practical note
Criminal bail conditions preventing contact with an employer may excuse delay during the bail period, but claimants must act promptly once bail ends or risk their claim being dismissed as out of time.
Legal authorities cited
Statutes
Case details
- Case number
- 6005787/2024
- Decision date
- 11 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
- Rep type
- in house
Claimant representation
- Represented
- No