Miss K Chodzynska v Bluewood Recruitment Limited Heard: via Cloud Video Platform in the Midlands (East) Region — 2023

Miss K Chodzynska was employed by Bluewood Recruitment Limited, trading as Bluewood Healthcare, from 13 November 2020 to 24 April 2022. She said she was owed about £500 for April 2022 and brought claims for unlawful deduction from wages and, in the alternative, a statutory redundancy payment. The hearing was held by Cloud Video Platform before Employment Judge Ayre on 27 January 2023, with the claimant appearing in person and the respondent represented by its director.

On the wages claim, the tribunal found that the relevant payment date was at the end of April 2022 and that, even allowing for early conciliation, the time limit expired on 31 July 2022. The claim was not presented until 10 October 2022, which was more than two months late. The judge accepted that the claimant had contacted ACAS in May 2022 and understood she wanted to make a claim, but found there was no good reason why she could not have issued proceedings earlier, because she knew of her right to claim and could have found out about the time limits and procedure.

The tribunal therefore held that it was reasonably practicable for the claimant to present the unlawful deduction claim in time and that it had no jurisdiction to hear it. The redundancy payment claim was presented within six months of the termination date and was therefore in time, but it failed on the substance because the claimant's continuous employment lasted less than 18 months, which was below the two-year qualifying period in section 155 of the Employment Rights Act 1996. That claim was dismissed.