Outcome
Individual claims
The claim was dismissed because it was presented outside the time limits set out in section 23(2) Employment Rights Act 1996, and the tribunal determined it was reasonably practicable for the claimant to have presented the claim in time.
Facts
Ms Sutton brought a claim for unauthorised deductions from wages against Ribble FM C.I.C, a community interest company operating in media. The claimant represented herself while the respondent was represented by Mr Roe, a director. The matter was heard as a preliminary hearing to consider whether the claim was brought within the applicable time limits.
Decision
Employment Judge Leach dismissed the claim on the basis that it was presented outside the time limits set out in section 23(2) of the Employment Rights Act 1996. The tribunal found that it was reasonably practicable for the claimant to have presented her claim within the statutory time limit.
Practical note
Claimants must strictly adhere to the three-month time limit for unlawful deduction of wages claims, as claims presented outside this period will be dismissed unless it was not reasonably practicable to present them in time.
Legal authorities cited
Statutes
Case details
- Case number
- 2401354/2024
- Decision date
- 3 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Ribble FM C.I.C
- Sector
- media
- Represented
- No
- Rep type
- in house
Claimant representation
- Represented
- No