Claimant v Apple Retail UK Limited
Outcome
Individual claims
The claim for notice pay was not presented within the applicable time limit and the tribunal found it was reasonably practicable for the claimant to have done so. The claim was therefore dismissed on jurisdictional grounds.
The claim for holiday pay was presented outside the time limit and the tribunal determined it was reasonably practicable to have presented it in time, resulting in dismissal.
The claim for other payments owed was not presented within the time limit. The tribunal found it was reasonably practicable to present the claim in time and therefore dismissed it.
Facts
Mr Nikayin brought claims against Apple Retail UK Ltd for notice pay, holiday pay and other payments. The claims were presented outside the applicable statutory time limits. The tribunal held a preliminary hearing to determine whether the claims were in time.
Decision
The tribunal dismissed all claims on the basis they were presented outside the time limit and it was reasonably practicable for the claimant to have presented them in time. The claimant appeared in person while the respondent was represented by counsel.
Practical note
Claimants must be aware of strict time limits for breach of contract and unlawful deduction claims, and the 'reasonably practicable' test provides limited scope for extension where claims are presented late.
Legal authorities cited
Case details
- Case number
- 2214475/2023
- Decision date
- 30 January 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No