Claimant v Fresh Tea Ltd
Outcome
Individual claims
The tribunal found that the claim was not presented within the applicable time limit under the Employment Rights Act 1996. The tribunal also determined that it was reasonably practicable for the claimant to have presented the claim within that time limit, and therefore declined to extend time. The claim was dismissed.
Facts
Ms Tanzina brought a claim for unauthorised deduction from wages against Fresh Tea Ltd. The respondent did not attend the hearing. The tribunal heard the claim at a remote preliminary hearing to determine whether the claim had been presented within the applicable time limit.
Decision
The tribunal dismissed the claim, finding that it was not presented within the applicable statutory time limit under the Employment Rights Act 1996. The tribunal further determined that it was reasonably practicable for the claimant to have presented her claim in time, and therefore refused to extend the time limit.
Practical note
Even where a respondent does not participate, tribunals will dismiss wage claims that are out of time if the claimant cannot show it was not reasonably practicable to claim in time.
Legal authorities cited
Statutes
Case details
- Case number
- 6011308/2024
- Decision date
- 17 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Fresh Tea Ltd
- Sector
- hospitality
- Represented
- No
Claimant representation
- Represented
- No