Case 2304539/2025 · Employment Tribunal
Ms Esther Gichanga v Affectionate Care Home Limited — 2025
- Case reference
- 2304539/2025
- Decision date
- 17 November 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Fowell Appearances
Parties
2 namedClaimant
Ms Esther Gichanga
Respondent
Key findings
Tribunal's reasoningThe tribunal considered whether the claims should be struck out because they were presented out of time and, alternatively, because they had not been actively pursued. The claims were for unlawful deduction from wages and failure to pay holiday pay, arising from payments said to have been due by 28 February 2024.
Early conciliation began on 15 March 2025 and ended on 31 March 2025, and the claim was submitted on 1 May 2025. The tribunal found no reasonable prospect of the claimant showing that it was not reasonably practicable to submit the claim, or start early conciliation, earlier, and also found that the claim had not been submitted within a further reasonable period.
The tribunal noted issues about active pursuit of the claim, but after learning that the claimant had attended the hearing centre in person rather than joining by video, it treated that as affecting the active-pursuit issue. The claim was therefore struck out on the time limit basis only.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The claim was struck out because there was no reasonable prospect of showing that it was presented in time. | Struck out | — | — |
| Holiday pay | The tribunal stated that the same time limit conclusions applied to the holiday pay claim. | Struck out | — | — |
Legal tests applied
8 references- rule 38(1)(a) Employment Tribunal Rules of Procedure
- rule 38(1)(d) Employment Tribunal Rules of Procedure
- section 23(2) Employment Rights Act 1996
- section 23(4) Employment Rights Act 1996
- Dedman v British Building and Engineering Appliances Ltd 1974 ICR 53
- Wall's Meat Co Ltd v Khan 1979 ICR 52
- Porter v Bandridge Ltd 1978 ICR 943
- rule 47 Employment Tribunal Rules of Procedure
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.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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