Claimant v Premier Modular Limited
Outcome
Individual claims
Claim struck out for being out of time. Claimant was aware of alleged underpayment from 23 October 2023 and knew respondent would not pay back pay, but did not contact ACAS until 17 April 2024, almost three months after the time limit expired on 26 January 2024. Tribunal found it was reasonably practicable for claimant to submit claim on time as he knew of his rights, had access to trade union advice, and could easily have checked time limits. Ignorance of time limits did not excuse the delay.
Facts
Claimant worked as an apprentice joiner for respondent from 31 May 2023 to 26 February 2024, paid at £7-£7.35 per hour. On 23 October 2023 he discovered from his apprenticeship agreement that he should have been paid National Minimum Wage for his age (£10.42) rather than apprentice rate for the period before a valid apprenticeship agreement was in place. He raised this with HR who refused back pay but offered to increase pay from May 2024. Claimant did not contact ACAS until 17 April 2024, almost three months after the time limit expired.
Decision
Tribunal found claim was out of time and it did not have jurisdiction to hear it. The tribunal concluded it was reasonably practicable for claimant to present claim on time as he knew of his rights from 23 October 2023, knew respondent would not pay back pay, had access to trade union advice, and could easily have checked time limits online. The almost three-month delay was significant and not excused by ignorance of time limits.
Practical note
Even where a respondent may have admitted liability, tribunals have no jurisdiction to hear claims presented outside time limits unless it was not reasonably practicable to present in time - and knowledge of rights combined with access to advice means ignorance of time limits will not excuse delay.
Legal authorities cited
Statutes
Case details
- Case number
- 6004821/2024
- Decision date
- 31 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Apprentice Joiner
- Service
- 9 months
Claimant representation
- Represented
- No