Cases1806548/2024

Claimant v Jamrock Leeds Ltd

28 January 2025Before Employment Judge DeeleyLeeds

Outcome

Claimant fails

Individual claims

Unlawful Deduction from Wagesstruck out

The Tribunal struck out the claims of unauthorised deductions from wages under s13 ERA 1996 because they were presented outside the normal time limit and the Tribunal concluded it was reasonably practicable for the claimant to have presented the claims in time under s23 ERA 1996.

Facts

Mr Parker brought claims for unauthorised deductions from wages against Jamrock Leeds Ltd. The claims were presented outside the normal time limit for such claims under the Employment Rights Act 1996. At a preliminary hearing, the tribunal considered whether it had jurisdiction to hear the claims.

Decision

The tribunal struck out the claims, finding it did not have jurisdiction because the claims were out of time and it was reasonably practicable for the claimant to have presented them within the time limit under s23 ERA 1996.

Practical note

Self-represented claimants bringing wage deduction claims must adhere strictly to time limits, as tribunals will strike out late claims where it was reasonably practicable to file in time.

Legal authorities cited

Statutes

ERA 1996 s.13ERA 1996 s.23

Case details

Case number
1806548/2024
Decision date
28 January 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
hospitality
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
No