Ms D Ogbebor v CareTech Community Services Limited and 1 other — 2025

This was a preliminary hearing before Employment Judge Barker, held by video on 10 December 2025. Its purpose was to clarify the claimant's claims for unlawful deductions from wages, identify the correct respondent, and consider whether the claims had been presented in time. The Tribunal found that the claimant's employment had transferred from the first respondent (CareTech Community Services Limited) to the second respondent (Creative Support Limited) by way of a TUPE transfer on 19 August 2024. The claimant withdrew her claims against the first respondent, which were dismissed on withdrawal, and the second respondent was joined under Rule 35 as the correct respondent in respect of the transferred liability.

The Tribunal initially gave an oral judgment at the conclusion of the hearing that it was not reasonably practicable for the claimant's complaints of unlawful deductions from wages in June and July 2024 to be presented within the s.23 Employment Rights Act 1996 time limit, and that they were presented within a reasonable period thereafter. On reflection, the Judge reconsidered that decision on her own initiative under Rule 71 of the Employment Tribunal Rules of Procedure 2024, taking the view that evidence from the claimant's Unison representative was required as to the union's involvement in the delay in approaching ACAS and advising the claimant before any final determination on time limits could be made.

Case management orders were made: the first respondent was ordered under Rule 33 to provide documents and information by 21 January 2026; a witness order was made under Rule 34 requiring the claimant's union representative Ms Cunliffe to attend the next hearing; and a further preliminary hearing was listed for 24 March 2026. The claimant's additional money claims pre-dating May 2024 (a £500 referral bonus, further training hours, and earlier taxi expenses) were not adjudicated and would require an amendment application, with the Tribunal noting they appeared to fall well outside the three-month time limit.