Claimant v Robert Lorimer
Outcome
Individual claims
The complaint was presented outside the statutory time limits prescribed by regulation 30 of the Working Time Regulations 1998. The tribunal had no jurisdiction to hear the claim and it was dismissed.
The complaint was presented as an alternative to the holiday pay claim and was also presented outside the time limits in section 23 of the Employment Rights Act 1996. The tribunal had no jurisdiction and dismissed the claim.
Facts
Mr McCallum brought claims for unpaid holiday pay and/or unlawful deductions from wages against his former employer Robert Lorimer. The respondent did not attend the hearing. The claimant represented himself throughout the proceedings.
Decision
The tribunal found that the claims were presented outside the statutory time limits prescribed by regulation 30 of the Working Time Regulations 1998 and section 23 of the Employment Rights Act 1996. As a result, the tribunal had no jurisdiction to hear the complaints and dismissed them.
Practical note
Holiday pay and unlawful deduction claims must be brought within strict statutory time limits, and tribunals have no discretion to hear claims presented outside these limits regardless of merit.
Legal authorities cited
Statutes
Case details
- Case number
- 8001420/2024
- Decision date
- 4 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Robert Lorimer
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No