Mr K Kamanga & Others v OCS Group UK Ltd — 2022

The claimants worked at Eldon Square Shopping Centre and transferred from INTU to OCS on 9 October 2020. They complained about the transfer process and about OCS changing the monthly pay date from the 28th to the 10th, which they said led to non-payment for the period between 28 October and 9 November 2020.

On the unlawful deduction from wages claim, the Tribunal found that time ran from the alleged deduction on 10 December 2020. Although Mr Kamanga said the claimants had understood that time ran from completion of the internal grievance process, the Tribunal found they were aware of potential claims and time limits by November 2020 and had other avenues for checking the position. It concluded that it was reasonably practicable to present the claim by 9 March 2021, so the Tribunal had no jurisdiction.

On the TUPE Regulation 15 claim, the Tribunal found that time ran from the transfer date of 9 October 2020 and expired on 8 January 2021. It found that the claimants knew by November 2020 that this was a potential claim and that each claimant could have brought a claim before the deadline, so the TUPE claim was dismissed for lack of jurisdiction.

For breach of contract, the Tribunal applied the Extension of Jurisdiction Order and found that a contract claim had to be outstanding when the employee ceased employment. The Tribunal held that it had jurisdiction over the claims of Brian Watson, John Simpson, Kalala Kamanga and Christopher Twinn, whose employment had ended and whose claims were in time. It dismissed the remaining breach of contract claims for lack of jurisdiction, including Ms Ratcliffe's claim because it was premature when presented.