Cases→8000440/2024

Claimant v Fairburn House Limited

24 June 2024Before Employment Judge B BeyzadeScotlandremote video

Outcome

Claimant fails

Individual claims

Unlawful Deduction from Wagesstruck out

The claim was presented 10 days out of time (primary time limit expired 31 March 2024, claim filed 10 April 2024). The tribunal found it was reasonably practicable for the claimant to have presented his claim in time. The claimant took no steps to progress his claim between 1 January and 31 March 2024, and provided no satisfactory explanation for failing to seek advice or inform himself of time limits during this period. Ignorance of time limits was not an acceptable excuse. The tribunal declined to exercise discretion under s23(4) ERA 1996, finding the tribunal had no jurisdiction to hear the claim.

Facts

The claimant was a care assistant employed by the respondent from April 2022. In December 2023 the respondent deducted £400 from his wages described as 'rent'. The claimant disputed this deduction and corresponded with the respondent between January and April 2024 seeking a refund. The respondent agreed to refund the money but failed to do so. The claimant contacted Citizens Advice on 1-2 April 2024, then ACAS on 4 April 2024, and filed his tribunal claim on 10 April 2024. The respondent eventually paid the £400 on 13 May 2024.

Decision

The tribunal found the claim was presented 10 days out of time and declined to exercise discretion to hear it. The tribunal held it was reasonably practicable for the claim to have been presented in time because the claimant took no steps to progress his claim or seek advice between January and March 2024, and provided no satisfactory explanation for this delay. Ignorance of time limits was not an acceptable excuse in the circumstances.

Practical note

Claimants must act promptly when wage disputes arise and cannot rely on ignorance of time limits as an excuse where they have taken no steps to inform themselves of their rights during the limitation period.

Legal authorities cited

Porter v Bandridge Ltd [1978] ICR 943Dedman v British Building and Engineering Appliances [1973] IRLR 379

Statutes

ERA 1996 s.23(3)ERA 1996 s.23(2)ERA 1996 s.13ERA 1996 s.23(4)ERA 1996 s.24(2)

Case details

Case number
8000440/2024
Decision date
24 June 2024
Hearing type
preliminary
Hearing days
1
Classification
procedural

Respondent

Name
Fairburn House Limited
Sector
healthcare
Represented
Yes
Rep type
lay rep

Employment details

Role
Care Assistant

Claimant representation

Represented
No
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