Mrs M Dreher v Mr H Rusin — 2025

This was a preliminary hearing on whether Mrs Dreher’s unlawful deductions from wages claim was in time. The tribunal found that she had been employed by Mr Rusin as a live-in carer from 16 February 2018 until 30 November 2021, which was also the last pay date on her November 2021 payslip. She first contacted ACAS on 30 November 2023 and presented her tribunal claim on 28 December 2023, more than two years after the last alleged deduction.

The claimant’s case was that there had been an oral agreement in January 2022 and later written repayment discussions, which delayed her bringing proceedings. The tribunal accepted that a January 2022 meeting probably took place, but did not need to decide what was agreed at that meeting for the limitation issue. It accepted that negotiations continued through 2022 and 2023, and that the claimant believed payments were being made towards repayment, but it also recorded that she knew by February 2022 that ACAS existed and that a three-month tribunal deadline applied.

Applying section 23 of the Employment Rights Act 1996 and the guidance in Asda Stores Ltd v Kauser, the tribunal held that it was reasonably practicable for the claim to have been presented within three months of the last deduction. It said the ongoing negotiations did not prevent presentation of the claim and that doing so would have preserved her position while agreement remained unresolved. It also held that, even if it had not been reasonably practicable to claim in time, the claim was not brought within a further reasonable period because the claimant had repeatedly said she would go to ACAS and the tribunal but then waited months before doing so.

The tribunal further held that the ACAS early conciliation extension in section 207B did not assist because ACAS was not contacted until well after the time limit had expired. It also found that the claim was not in any event brought within two years of the last date for payment. The tribunal therefore concluded that it had no jurisdiction to hear the claim and dismissed it.