Case 2403467/2020 · Employment Tribunal
Mr I Finnegan v Mr James Murphy — 2021
- Case reference
- 2403467/2020
- Decision date
- 1 February 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Leach REPRESENTATION
- Venue
- Manchester
Parties
2 namedClaimant
Mr I Finnegan
Respondent
Key findings
Tribunal's reasoningMr I Finnegan brought a claim for unauthorised deduction from wages, saying that Mr James Murphy had not paid him wages for eight days' work on a festival site in July 2019. The claimant did not attend the hearing, and the respondent had not entered a notice of appearance and also did not attend. The Employment Judge nevertheless decided the matter on the information available.
The tribunal found that the claim form was presented on 21 April 2020. It noted the ACAS early conciliation dates shown on the certificate: receipt of the notification by ACAS on 14 September 2019 and issue of the certificate on 28 October 2019. Applying section 23 of the Employment Rights Act 1996 and the early conciliation extension in section 207B, the judge concluded that the extended deadline was 27 November 2019.
On that basis, the tribunal held that the claim had been presented about five months out of time. Because the claimant was not in attendance, the tribunal had no information on which to decide whether it was not reasonably practicable to present the complaint in time. The claim was therefore dismissed without any remedy being awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal dismissed the claim because it was presented out of time. It recorded that the claim concerned non-payment of wages for eight days' work on a festival site in July 2019, that the claim form was presented on 21 April 2020, and that there was no attendance by either party. The tribunal did not determine the underlying wage entitlement on the merits. | Dismissed | — | — |
Legal tests applied
3 references- s.23 Employment Rights Act 1996
- s.207B Employment Rights Act 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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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