Mr IM Catuneanu v AD Williams Wimbledon Limited — 2022

Mr IM Catuneanu brought a claim against AD Williams Wimbledon Limited under the Agency Worker Regulations 2010. At the hearing he said the pleaded references to holiday pay, furlough pay and access to employment were examples of what he said he would have been entitled to if treated as an employee. He also said he was seeking equal pay with two named permanent workers, Mr Llobregat and Mr Pete, and he confirmed he was not pursuing a separate complaint about access to vacancies.

The tribunal identified 9 October 2020 as the last date on which the respondent allegedly failed to pay the claimant correctly, because that was the last date he said he was paid. On the tribunal's analysis, the three-month time limit in regulation 18 meant the claimant should have contacted ACAS by 8 January 2021. He instead notified ACAS on 3 February 2021 and presented his claim on 9 February 2021, which the tribunal found was 32 days late.

Applying the just and equitable discretion under regulation 18(5) of the Agency Worker Regulations 2010 and referring to Robertson v Bexley Community Centre t/a Leisure Link, the tribunal found that the claimant gave no explanation for the delay despite being asked several times. It therefore held that there was no basis to extend time and that the complaint could not be heard. The tribunal also refused the claimant's application for recusal, finding that the circumstances did not give rise to an appearance of bias.