Claimant v Serenity Intergrated Care Limited
Outcome
Individual claims
The tribunal dismissed the claim as it was not presented within the time limit prescribed by section 23(3) of the Employment Rights Act 1996 when it was reasonably practicable for the claimant to have done so.
The claim for failure to pay holiday pay accrued but not taken was dismissed as it was not presented within the time limit prescribed by section 23(3) of the Employment Rights Act 1996 when it was reasonably practicable for the claimant to have done so.
The claimant's application to add this claim was refused. The tribunal stated that if it had been allowed, it would have been dismissed as it was presented out of time when it was reasonably practicable for it to have been presented in time.
Facts
Mr Jakir brought claims against his former employer Serenity Integrated Care Limited and an individual (Pardon Tafadzra Muguwe) for unauthorised deduction of wages, holiday pay, and breach of contract. The respondents did not appear at the remote video hearing. The claimant appeared in person.
Decision
The tribunal dismissed all claims. Claims against the second respondent were dismissed as claims can only be brought against an employer. All claims against the first respondent were dismissed as out of time under section 23(3) of the Employment Rights Act 1996, with the tribunal finding it was reasonably practicable for the claimant to have presented them within the time limit.
Practical note
Claimants must strictly observe statutory time limits for wage and holiday pay claims under the Employment Rights Act 1996, and tribunals will dismiss claims out of time where it was reasonably practicable to present them on time.
Legal authorities cited
Statutes
Case details
- Case number
- 6014802/2024
- Decision date
- 10 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
Claimant representation
- Represented
- No