Mrs B Mazur v Southern Deacon Ltd — 2022

Mrs B Mazur worked for Southern Deacon Ltd as a cleaning technician from 1 November 2018 until 24 May 2019. The tribunal accepted that her final pay was due on 31 May 2019. She presented her ET1 on 1 June 2021 claiming unpaid wages and holiday pay totalling a net £827.17. The respondent did not attend the hearing, but the tribunal considered the director's emails and proceeded under rule 47.

The tribunal held that both claims were presented well outside the relevant time limits. It applied the three-month limit under section 23 of the Employment Rights Act 1996 to the wages claim, regulation 30 of the Working Time Regulations 1998 to the holiday pay claim, and the statutory extension provisions where it is not reasonably practicable to present a claim in time. The claimant said she expected payment, tried to contact the respondent, did not know how to bring a claim, and later learned from others and the internet that claims might be possible.

The tribunal was not persuaded that it had not been reasonably practicable for the claims to be brought in time. It found that the claimant knew the sums were due, had access to the internet and support from her daughter, and had taken no effective steps to identify or pursue a claim for a long period. It also found that there was no evidence supporting the suggestion of threats or bankruptcy.

Even if the claims could not have been brought within the original limitation period, the tribunal held that they were not brought within a reasonable further period. It noted the delay between May 2019, the ACAS notification on 26 January 2021, the ET1 presented on 1 June 2021, and the absence of a good explanation for those delays. The claims were therefore dismissed for lack of jurisdiction.