Claimant v Secretary of State for Work and Pensions
Outcome
Individual claims
The claim was dismissed as out of time. The last possible unlawful deduction was on 30 November 2023 (the claimant's last payslip date). Early conciliation began on 5 April 2024, more than three months later. The tribunal found the claim was approximately three years out of time as it related to the period December 2017 to March 2021. The claimant did not appear at the hearing and provided no evidence that it was not reasonably practicable to present the claim on time, nor that it was presented within a reasonable further period. The tribunal therefore had no jurisdiction to hear the claim.
Facts
The claimant alleged unlawful deduction from wages in respect of accrued holidays as part of overtime payments from December 2017. She left employment on 2 August 2023 and received her final payslip on 30 November 2023. The respondent had made a payment on 30 June 2023 covering holiday pay for April 2021 to March 2023, and announced a further back payment in January 2024 for December 2017 to March 2021, but only for employees in service on 31 August 2023, excluding the claimant. She began early conciliation on 5 April 2024 and filed her claim on 30 May 2024. The claimant did not attend the preliminary hearing to determine the time limit issue.
Decision
The tribunal dismissed the claim as out of time and outside its jurisdiction. The last possible deduction was on 30 November 2023, more than three months before early conciliation began. The claim related to a period ending in March 2021, making it approximately three years out of time. The claimant bore the onus of showing it was not reasonably practicable to present the claim on time and that it was presented within a reasonable further period, but she did not attend the hearing or provide any evidence to support an extension of time.
Practical note
A claimant who fails to attend a preliminary hearing on jurisdiction and provides no evidence on the 'reasonably practicable' test will have their out-of-time claim dismissed, even where there may have been some confusion about eligibility for back payments.
Legal authorities cited
Statutes
Case details
- Case number
- 8000741/2024
- Decision date
- 14 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No