Claimant v Tabisca London Ltd
Outcome
Individual claims
Claims for unpaid wages for work in June 2024, July 2024, and 1-22 August 2024 (payable by 5 September 2024) were not presented in time. The tribunal found it was reasonably practicable for the claims to be presented in time and dismissed them for lack of jurisdiction.
Claims for unpaid annual leave (payable by 5 September 2024) were not presented in time. The tribunal found it was reasonably practicable for the claims to be presented in time and dismissed them for lack of jurisdiction.
Claims for notice pay (payable by 5 September 2024) were not presented in time. The tribunal found it was reasonably practicable for the claims to be presented in time and dismissed them for lack of jurisdiction.
Facts
Five claimants brought claims against their former employer for unpaid wages (June, July, and August 2024), unpaid annual leave, and notice pay, all payable by 5 September 2024. The claimants contacted ACAS on 6 January 2025, received an EC certificate on 8 January 2025, and filed their ET1 on 10 January 2025. Three claimants attended the final hearing in person; two did not attend. The respondent did not attend.
Decision
The tribunal found that all claims were presented out of time and that it was reasonably practicable for the claimants to have presented their claims in time. The tribunal therefore dismissed all claims for lack of jurisdiction.
Practical note
Self-represented claimants must be aware of strict time limits for wage and contractual claims, and delay in seeking ACAS early conciliation will not save an otherwise time-barred claim where it was reasonably practicable to claim in time.
Legal authorities cited
Case details
- Case number
- 2200023/2025
- Decision date
- 30 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No