Mr A (father) v Ms B (in person) — 2021

The claimant alleged that he had not been paid for work from 21 November 2020 to 26 January 2021 when he decided not to return to work at the respondent yard. He was 16 years old at the time, and the claim was presented on his behalf by his father after the claimant's mother had asked for money to be paid on or around 6 June 2021.

Employment Judge JM Wade recorded that the claim depended on whether a contract of employment or worker contract could be established from the circumstances, as there was nothing in conventional written form. The judgment also noted that claims for breach of contract and unlawful deductions from wages had to be brought within three months of the relevant breach, end of employment, deduction, or last deduction in a series, subject to ACAS conciliation if started within that three-month period.

The tribunal found that the claimant knew he had not been paid by the end of January 2021, and that his parents also knew this. On that basis, the claim could reasonably have been brought before the end of April 2021. ACAS conciliation did not begin until 30 June 2021 and a certificate was issued on 6 July 2021, so conciliation did not extend time. The claim was presented on 10 July 2021 to recover alleged wages of £305.

The tribunal held that it was reasonably practicable for the claim to have been presented within the applicable time limits and dismissed the claim as having been presented too late. The judgment also made a Rule 50 order anonymising the parties because the claim had been presented by the parents on behalf of a minor.