Cases6020786/2024

Claimant v Heston Apex (Europe) Limited

20 February 2025Before Employment Judge MoylerLondon Centralremote video

Outcome

Claimant fails

Individual claims

Unlawful Deduction from Wagesstruck out

The complaint was not presented within the applicable time limit. The tribunal found it was reasonably practicable for the claimant to have presented the claim in time. The claim was therefore dismissed as out of jurisdiction.

Facts

Mr Richards brought a claim for unauthorised deductions from wages against his former employer Heston Apex (Europe) Limited. The claim was heard at a preliminary hearing to determine whether it had been presented within the applicable time limit.

Decision

The tribunal dismissed the claim on the basis that it was presented outside the statutory time limit and it had been reasonably practicable for the claimant to have presented it in time. The claimant appeared in person while the respondent was represented by a consultant.

Practical note

Claimants must present unauthorised deduction of wages claims within the strict statutory time limits, and claims will be dismissed if it was reasonably practicable to comply with those limits.

Legal authorities cited

Case details

Case number
6020786/2024
Decision date
20 February 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
No