Case 1404037/2022 · Employment Tribunal
Ms A Walker v MS and AC Banbury — 2023
- Case reference
- 1404037/2022
- Decision date
- 24 May 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dawson Appearances
- Venue
- Southampton
Parties
2 namedClaimant
Ms A Walker
Respondent
Key findings
Tribunal's reasoningMs A Walker presented claims for unauthorised deduction from wages and for whistleblowing detriment/dismissal. A preliminary hearing was listed for 12 May 2023, but neither party attended. Employment Judge Dawson considered whether to proceed in the absence of the parties, including the effect of mutual undertakings said to prevent contact, and decided the hearing should go ahead.
The tribunal struck out the claims first because the claimant was not actively pursuing them. The claimant had not responded to the tribunal’s direction of 20 April 2023 and did not attend the hearing. The tribunal also said that, on the material before it, the undertakings did not prevent the parties from attending the hearing or from pursuing the case through the tribunal.
In any event, the tribunal found that both claims had been presented out of time and that it had no jurisdiction to consider them. For the whistleblowing claim, the tribunal said the latest primary limitation date was 1 November 2022, three months after the dismissal date of 2 August 2022, and that the ACAS early conciliation date of 30 November 2022 could not extend the limitation period. For the wages claim, the tribunal said the limitation period ran from the date the wages should have been paid, ordinarily the date of a summary dismissal, and that the claim was also out of time.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | Claim pleaded as being subjected to a detriment/dismissal for whistleblowing. The tribunal struck it out because the claimant was not actively pursuing it and, in any event, because it was presented out of time. The tribunal recorded that the latest primary limitation date was 1 November 2022 and that ACAS early conciliation date A was 30 November 2022, so it could not extend the limitation period. | Struck out | — | — |
| Unlawful deduction from wages | Claim pleaded as unauthorised deduction from wages. The tribunal struck it out because the claimant was not actively pursuing it and, in any event, because it was presented out of time. The tribunal said the limitation period ran from the date wages should have been paid, which in the case of a summary dismissal would ordinarily be the dismissal date, and that no different payment date was suggested. | Struck out | — | — |
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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