Claimant v Premium Support Services Limited
Outcome
Individual claims
The claim for non-payment of bonus from 2020 to 2023 was presented outside the three-month time limit from termination (13 May 2024). The claimant failed to prove it was not reasonably practicable to file a timely claim, despite being assured by HR of instalments. The tribunal found she could have filed a protective claim, and therefore the tribunal does not have jurisdiction.
The claim for unpaid bonus payments from 2020-2023 was presented outside the applicable time limit. The claimant did not attend the hearing and provided no explanation for the delay in bringing her claim. The tribunal found it was reasonably practicable for her to have brought a timely claim, and therefore has no jurisdiction.
Facts
The claimant was employed by the respondent from 5 August 2019 until she resigned on 14 February 2024. She claimed £20,000 in outstanding bonus payments from 2020 to 2023. The claim was filed on 2 February 2025, outside the three-month time limit. The claimant alleged she was assured by HR that payments would be made in instalments before the end of 2024. The claimant did not attend the preliminary hearing and had not complied with previous tribunal orders.
Decision
The tribunal found it did not have jurisdiction to hear the claims as they were presented outside the three-month time limit from the effective date of termination. The claimant failed to prove it was not reasonably practicable for her to have filed a timely claim. The tribunal held she could have filed a protective claim while in discussions with HR.
Practical note
Assurances from an employer about future payment do not prevent the time limit from running, and claimants should always file protective claims to preserve their position even during ongoing negotiations.
Legal authorities cited
Statutes
Case details
- Case number
- 6003496/2024
- Decision date
- 10 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Service
- 5 years
Claimant representation
- Represented
- No