Claimant v Advanced Oncotherapy Limited

Outcome

Facts

The claimant worked as a vacuum engineer from December 2021 to June 2023. He was not paid his wages for May 2023 (£3,952) or for 1-23 June 2023 (£2,382). The respondent acknowledged these sums were owed (with minor adjustments). The claimant ended his employment on 23 June 2023, completed early conciliation 21-27 July 2023, but did not file his claim until 1 November 2023, over a month late. He explained the delay by saying he hoped the employer would resolve the matter and pay him, and cited financial stress.

Decision

The tribunal dismissed the claim as presented out of time under s.23(2) ERA 1996. The deadline was 30 September 2023 (allowing for early conciliation). The claimant failed to show it was not reasonably practicable to file on time under s.23(4). The judge found the claimant understood the process, completed early conciliation quickly leaving over two months to file, and could have informed himself of time limits. Hope of resolution was not a reasonable basis for delay, particularly as no evidence showed the employer misled him or that he was incapacitated.

Practical note

Legal authorities cited