Ms E Isah v Mr R Odong t/a Delta Nursing Agency Ltd — 2021

Ms E Isah brought a claim for arrears of pay said to arise from work undertaken between August and October 2018 at hospitals where she was placed as a nurse. The claim form was presented on 27 March 2020 after Acas early conciliation between 12 January and 12 February 2020. The tribunal said the claim could be understood either as a breach of contract claim under the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994 or as an unauthorised deductions from wages claim under section 13 of the Employment Rights Act 1996.

Employment Judge Tsamados held that the claim was presented outside the relevant time limits. On the tribunal's calculation, the claim was about two and a half years late. The judgment recorded that, for the early conciliation process to help, the claimant needed to notify Acas within three months of the date payment was due, or within three months of termination if the claim were treated as a breach of contract matter.

The judge noted there is a discretion to extend time if it was not reasonably practicable to present the claim in time and it was then brought within a further reasonable period, but the claimant did not attend and gave no evidence on why that discretion should be exercised. The claim was therefore dismissed because the tribunal had no jurisdiction to hear it. The judge also noted the respondent's points that the claimant may have sued the wrong person and may have been self-employed, but did not comment on those issues beyond recording them as part of the defence.