Claimant v SS Retail NH Ltd
Outcome
Individual claims
The claim was dismissed because it was not presented within the three-month time limit required by section 23(2) of the Employment Rights Act 1996. The tribunal found it was reasonably practicable for the claimant to have presented the claim in time, and therefore no jurisdiction existed to consider it.
Facts
Mrs Dudley brought a claim for unauthorised deduction of wages against her former employer, a retail company. The respondent did not attend the hearing. The claim was presented outside the three-month statutory time limit for such claims under section 23(2) of the Employment Rights Act 1996.
Decision
The tribunal dismissed the claim on jurisdictional grounds, finding that it was reasonably practicable for the claimant to have presented her claim within the statutory time limit. As the claim was presented out of time and the test for extension was not met, the tribunal had no jurisdiction to consider it.
Practical note
Unrepresented claimants must strictly observe the three-month time limit for wage deduction claims, as tribunals have no jurisdiction to hear out-of-time claims unless it was not reasonably practicable to present them in time.
Legal authorities cited
Statutes
Case details
- Case number
- 2600195/2024
- Decision date
- 23 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- SS Retail NH Ltd
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No