Claimant v Mr H Rusin
Outcome
Individual claims
The claim was presented over 2 years after the last alleged deduction from wages. The tribunal found it was reasonably practicable to bring the claim within 3 months as the claimant was aware of ACAS, the 3-month time limit, and could have presented the claim while negotiations continued. Even if it had not been reasonably practicable, the claim was not presented within a further reasonable period - the claimant repeatedly stated she would bring a claim from April 2023 but did not do so until December 2023. The claim was dismissed for being outside the tribunal's jurisdiction.
Facts
The claimant worked as a live-in carer for the respondent's mother from February 2018 until November 2021. She alleged unlawful deductions from wages with the last deduction occurring on 30 November 2021. Following her employment ending, negotiations took place including an alleged agreement in June 2022 for repayment of £11,000 in instalments. Payments were made but stopped in December 2022. After ongoing correspondence with the respondent and his solicitor throughout 2023, the claimant contacted ACAS on 30 November 2023 and filed her claim on 28 December 2023, over 2 years after the last alleged deduction.
Decision
The tribunal dismissed the claim for unlawful deductions from wages as it was presented outside the applicable time limits. The claim was presented 2 years and 28 days after the last deduction, exceeding the statutory 2-year backstop. The tribunal found it was reasonably practicable for the claimant to present the claim within 3 months as she was aware of the time limit and ACAS by February 2022. Even allowing for the ongoing negotiations, the claim was not presented within a further reasonable period.
Practical note
Negotiations or settlement discussions do not stop time running for tribunal claims, and claimants should protect their position by presenting claims within time limits even while attempting to resolve disputes informally, particularly given the strict 2-year backstop for wage claims.
Legal authorities cited
Statutes
Case details
- Case number
- 2603352/2023
- Decision date
- 7 April 2025
- Hearing type
- preliminary
- Hearing days
- 0.375
- Classification
- contested
Respondent
- Name
- Mr H Rusin
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- live in carer
- Service
- 4 years
Claimant representation
- Represented
- No