Ms Hannah Ballard v Isobels Ltd — 2020

Ms Hannah Ballard brought a claim against Isobels Ltd for unlawful deduction from wages, relating to tips, after her employment as bar staff ended on 25 January 2019. The claim was presented on 22 November 2019, and the tribunal recorded that it was outside the three-month statutory time limit under s.23(2)(b) ERA 1996.

The issue at the hearing was whether it had been reasonably practicable for the claim to have been presented in time, and, if not, whether it was presented within such further period as the tribunal considered reasonable. The tribunal applied the authorities it cited on the reasonably practicable test, including Wall's Meat Co v Khan, Palmer v Southend-on-Sea Borough Council, Porter v Bandridge Ltd, London Underground Ltd v Noel, and related cases.

The tribunal accepted that the claimant's substantial reason for missing the deadline was her ignorance that tips are treated as an element of wages for the purposes of s.13 ERA 1996. It also accepted that there was no physical impediment to bringing the claim, that she knew at the end of employment that she had a right to bring an unlawful deduction from wages claim and knew the time limit, and that there had been no misrepresentation about the wages. The tribunal noted that she consulted the Citizens Advice Bureau and ACAS only after the primary limitation period had expired.

Although the tribunal found the claimant's evidence truthful on her lack of legal knowledge, it held that the ignorance was not objectively reasonable in the circumstances, given her technical confidence, access to the internet, awareness that tips were being taken by staff, and the availability of government information online. The tribunal therefore held that it did not have jurisdiction to hear the claim and dismissed it. It added, for completeness, that if it had needed to consider the further reasonable period question, it would have found the eight-day delay reasonable because the claimant had approached the respondent, consulted the Citizens Advice Bureau, and contacted ACAS before presenting the claim.