Case 3300611/2023 · Employment Tribunal
Mr. P McCabe v National Highways Limited — 2023
- Case reference
- 3300611/2023
- Decision date
- 18 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Heathcote
Parties
2 namedClaimant
Mr. P McCabe
Respondent
Key findings
Tribunal's reasoningThe claimant brought claims against National Highways Limited for breach of contract and unauthorised deductions. Employment Judge Heathcote sat alone and gave judgment after a hearing at Reading via CVP on 11 September 2023.
The Tribunal held that it did not have jurisdiction to consider the breach of contract claim under the Employment Tribunal's Extension of Jurisdiction (England & Wales) Order 1993 because the claimant's employment was continuing. It also held that it did not have jurisdiction to consider the unauthorised deductions claim because it was presented out of time and it was reasonably practicable for the claim to have been presented in time.
The claimant's claims were dismissed. No monetary remedy was awarded in the written judgment.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The Tribunal held it had no jurisdiction under the Employment Tribunal's Extension of Jurisdiction (England & Wales) Order 1993 because the claimant's employment with the respondent was continuing. | Dismissed | — | — |
| Unlawful deduction from wages | The judgment describes the claim as one for unauthorised deductions. The Tribunal held it had no jurisdiction because the claim was presented out of time and it was reasonably practicable for it to have been presented in time. | Dismissed | — | — |
Legal tests applied
2 references- Employment Tribunal's Extension of Jurisdiction (England & Wales) Order 1993
- 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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