Claimant v CareTech Community Services Limited

Outcome

Facts

Claimant worked as bank worker for first respondent from December 2020. She claims she was underpaid wages in May and June 2024 (paid in June and July 2024 payroll). First respondent says she was overpaid in May and they recovered the overpayment in June. Claimant's employment transferred to second respondent by TUPE on 19 August 2024. Claimant pursued matter with first respondent until October 2024 when told debt belonged to second respondent. Unison represented claimant from September/October 2024 but did not start ACAS conciliation until January 2025, almost 3 months after time limit expired. Claimant also claims earlier unpaid sums including referral bonus, training pay and taxi expenses.

Decision

This was a preliminary hearing to identify correct respondent and determine time limit issues. Tribunal found TUPE transfer occurred and second respondent is correct respondent. Claims against first respondent withdrawn and dismissed. Claims significantly out of time. Tribunal initially decided it was not reasonably practicable for claimant to bring claims in time but reconsidered this decision of its own initiative under rule 71. Tribunal ordered Unison representative to attend next hearing to give evidence about advice given to claimant and reasons for delay, as claimant may have been misled by union about time limits. Matter adjourned to further preliminary hearing.

Practical note

Legal authorities cited