Claimant v The Shady Oak Bar and Kitchen Limited
Outcome
Individual claims
The tribunal dismissed the claim because it was not presented within the time limit prescribed by section 23(2) of the Employment Rights Act 1996 and the tribunal found that it was reasonably practicable for the claimant to have presented the claim in time.
Facts
W Hughes brought a claim for unauthorised deductions from wages against The Shady Oak Bar and Kitchen Limited. The respondent did not attend the hearing. The tribunal heard the matter as a preliminary hearing on the issue of jurisdiction and time limits.
Decision
The tribunal dismissed the claim on the basis that it was not presented within the statutory three-month time limit under section 23(2) ERA 1996, and the claimant had not shown that it was not reasonably practicable to present the claim in time.
Practical note
Claimants must strictly comply with the three-month time limit for wages claims and demonstrate it was not reasonably practicable to meet the deadline if seeking an extension.
Legal authorities cited
Statutes
Case details
- Case number
- 6006534/2025
- Decision date
- 11 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No