Ms P Ellis v G4S Secure Solutions (UK) Limited — 2022

The Tribunal considered whether the claimant could pursue breach of contract claims where the alleged breach was more than six years before the ET1 was presented. The Tribunal preferred the reasoning in Taylor v Central Manchester University Hospitals NHS Foundation Trust to Grisanti v NBC News Worldwide, finding that the six-year limitation period under the Limitation Act 1980 applied to breach of contract claims brought under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994.

The Tribunal held that the claimant had an adequate remedy available during employment, including by bringing a small claim in the County Court, and that there was no sufficient basis to conclude that Parliament intended a longer limitation period for Employment Tribunal breach of contract claims than for civil court contract claims. It therefore dismissed any breach of contract claims relating to breaches more than six years before presentation of the ET1.

The Tribunal also considered the claimant's unlawful deduction from wages claims under section 13 of the Employment Rights Act 1996. Applying the Deduction from Wages (Limitation) Regulations 2014, the Tribunal held that it could not consider alleged deductions where the relevant payment date was more than two years before presentation of the complaint, and dismissed any such claims.