Case 2402270/2021 · Employment Tribunal
Mr Joel Almond v Linkup Comms and Data Ltd — 2021
- Case reference
- 2402270/2021
- Decision date
- 6 August 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Wheat
Parties
2 namedClaimant
Mr Joel Almond
Respondent
Key findings
Tribunal's reasoningThe case was heard by Employment Judge Wheat sitting alone in Manchester on 5 August 2021. The only matter determined was a preliminary issue about limitation under the Employment Rights Act 1996, namely whether the claim had been presented outside the relevant time limits in section 23(1)(a) to 23(2)(a) and, if so, whether it should be dismissed because the Tribunal had no jurisdiction to hear it.
The Tribunal found that the claim had been presented outside the relevant time limits. It also found that the claimant was not able to show that it was not reasonably practicable to present the claim within time.
As a result, the claimant’s claim for arrears of pay under section 13 ERA was dismissed and the Tribunal held that it had no jurisdiction to hear it. No monetary award was made.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The preliminary issue was whether the claim was presented outside the relevant time limits in section 23(1)(a) to 23(2)(a) ERA 1996. The Tribunal found it was out of time and that the claimant had not shown that it was not reasonably practicable to present it in time. The arrears of pay claim under section 13 ERA was therefore dismissed for want of jurisdiction. | Dismissed | — | — |
Legal tests applied
2 references- section 23(1)(a) to 23(2)(a) ERA 1996
- not reasonably practicable
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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