Did not attend For the v Mr B Mashumba (in person) — 2023

Miss Onyenagbaru brought a claim for unpaid wages / unlawful deductions from wages against Mr B Mashumba. The tribunal recorded that she undertook live-in care work in Gloucestershire between 11 and 29 November 2021, and that she was paid £1,000 on 3 December 2021 as an advance pending provision of bank details. On the tribunal's findings, the payment that should have been made was due by 3 December 2021, so the primary limitation date for an unlawful deductions claim was 2 March 2022, subject to any extension for early conciliation.

The claimant notified ACAS on 22 August 2022 and presented her claim on 14 September 2022. The tribunal held that this was about six months out of time and that the claimant did not obtain the benefit of any time extension under section 207B. It found that the only reason advanced for the delay was that she was working away from home, which did not explain why the claim could not have been presented sooner.

Applying the section 23 Employment Rights Act 1996 time limit and the authorities it cited, the tribunal concluded that it was reasonably practicable for the claimant to have presented the claim in time. It noted that she had email and telephone contact details, could have researched the position online or contacted ACAS by phone or online, and could have taken advice. The tribunal therefore held that it had no jurisdiction to hear the claim and dismissed it.