Case 3303988/2018 · Employment Tribunal
Mr J Metcalfe v Nelsons Diner Newbury Limited — 2019
- Case reference
- 3303988/2018
- Decision date
- 3 September 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hawksworth
- Venue
- Reading
Parties
2 namedClaimant
Mr J Metcalfe
Respondent
Key findings
Tribunal's reasoningMr J Metcalfe worked as a chef for Nelsons Diner Newbury Limited from 19 June 2017 to 31 July 2017. He presented his tribunal claim on 11 February 2018 for arrears of pay, pay for work during his notice period and holiday pay. The tribunal noted that he did not notify Acas for early conciliation, although his ET1 said he had tried to resolve matters informally and with Acas.
The tribunal held that it had no jurisdiction because the complaints were presented after the relevant time limits had expired. It found that a complaint of unauthorised deduction from wages due on 31 August 2017 should have been presented by 30 November 2017, a breach of contract complaint arising from termination on 31 July 2017 should have been presented by 31 October 2017, and an unpaid holiday pay complaint due on 31 August 2017 should also have been presented by 30 November 2017.
The claim was not presented until 11 February 2018, which was outside each of those limits. The tribunal also held that there was no Acas early conciliation extension, because the claimant had not notified Acas before starting proceedings. It was not satisfied that it had not been reasonably practicable for the claimant to present the claim within the relevant three-month periods, as no explanation was given for the delay.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Dismissed for being presented out of time. The tribunal found the complaint of unauthorised deduction from wages due on 31 August 2017 should have been brought by 30 November 2017, and that no Acas early conciliation extension applied because the claimant had not notified Acas. | Dismissed | — | — |
| Breach of contract | Dismissed for being presented out of time. The tribunal found the breach of contract complaint arising from employment ending on 31 July 2017 should have been presented by 31 October 2017, and that the claimant had not shown it was not reasonably practicable to present it in time. | Dismissed | — | — |
| Holiday pay | Dismissed for being presented out of time. The tribunal found the unpaid holiday pay complaint due on 31 August 2017 should have been presented by 30 November 2017, and that there was no Acas early conciliation extension because the claimant did not notify Acas. | Dismissed | — | — |
Legal tests applied
7 references- s.23(2) Employment Rights Act 1996
- s.23(4) Employment Rights Act 1996
- Article 7(a) Employment Tribunals Extension of Jurisdiction Order 1994
- regulation 30(2)(a) Working Time Regulations 1998
- regulation 30(2)(b) Working Time Regulations 1998
- section 207B Employment Rights Act 1996
- not 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
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