Mr A Amini v Ustun Catering Limited (Substituted for Mr K Ustun) — 2024

The tribunal found that Mr A Amini was employed by Ustun Catering Limited rather than Mr K Ustun personally, and substituted the company as respondent under rule 34 of the Employment Tribunal Rules 2013. The claim concerned unpaid wages said to be due for work done as a chef at the respondent's restaurant.

The main issue was limitation. The tribunal found that the wage payment date was 5 June 2023, so the three-month deadline expired on 4 September 2023. ACAS Early Conciliation was not started until 5 September 2023 and the tribunal claim was not lodged until 15 September 2023. Although the claimant had limited English and relied on help from Mr Hussain and the Citizens Advice Bureau, the tribunal found that it was reasonably practicable for him, with that assistance, to have contacted ACAS in time because the CAB letter had explained the deadline and how to contact ACAS.

The tribunal therefore dismissed the unlawful deduction from wages claim as out of time. It noted that, if the claim had been in time, it would have found the claimant entitled to £2,052 on the evidence about hours worked and pay due, preferring the claimant's account to Mr Ustun's evidence on this issue.

The tribunal also considered an allegation that the claimant had sent a threatening text message. It found that the message was probably mistranslated, did not amount to vexatious or abusive conduct, and did not justify strike out under rule 37(1)(b). That issue did not change the final result because the claim failed on limitation grounds.