Case 2415600/2020 · Employment Tribunal
in person For the v Ms G Gibbons (Managing Director) — 2021
- Case reference
- 2415600/2020
- Decision date
- 3 February 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Johnson Appearances
Parties
2 namedClaimant
in person For the
Respondent
Key findings
Tribunal's reasoningThe claimant brought a complaint of unpaid wages. The tribunal found that the complaint was not presented before the end of the three-month period beginning with the date of payment from which the deduction was made, as required by section 23(2)(a) Employment Rights Act 1996.
The tribunal further found that it was reasonably practicable for the complaint to have been presented within that three-month period. For that reason, it held that it was not reasonable to extend time under section 23(4) Employment Rights Act 1996.
As a result, the tribunal held that it did not have jurisdiction to hear the claim and dismissed it.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Claim dismissed for lack of jurisdiction because the unpaid wages complaint was presented out of time under section 23(2)(a) ERA 1996; the tribunal found it was reasonably practicable to present it in time and declined to extend time under section 23(4) ERA 1996. | Dismissed | — | — |
Legal tests applied
3 references- section 23(2)(a) Employment Rights Act 1996
- section 23(4) Employment Rights Act 1996
- 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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