Case 3314031/2019 · Employment Tribunal
Mr M Mak v Secretary of State for Business, Energy & Industrial Strategy and 1 other — 2018
- Case reference
- 3314031/2019
- Decision date
- 12 June 2018
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Laidler JUDGMENT
- Venue
- Bury St Edmunds
Parties
3 namedClaimant
Mr M Mak
Key findings
Tribunal's reasoningThe claimant brought claims for outstanding wages for May 2018, notice pay and a redundancy payment. The second respondent had entered creditors' voluntary liquidation, and the first respondent made written submissions confirming payments of £1,868.72 for statutory redundancy pay and £586.28 net for wages from 1 June 2018 to 12 June 2018.
The tribunal found that the claimant's employment with the second respondent ended on 12 June 2018. The unauthorised deduction from wages and breach of contract claims should have been brought by 11 September 2018, but the claim was not issued until 16 April 2019 and Early Conciliation was not begun until late February 2019. No explanation was given as to why it was not reasonably practicable to bring those claims in time, so the tribunal held that it had no jurisdiction to award further sums.
The redundancy payment claim was also out of time because there was no indication that the claimant had made a written claim to the employer within six months of 12 June 2018. The tribunal recorded that this was academic because the statutory redundancy payment had already been paid, and no further sums were awarded.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal held that the unauthorised deduction from wages claim was received significantly out of time and that it had no jurisdiction to consider it. | Dismissed | — | £0 |
| Breach of contract | The breach of contract claim, which included notice pay, was held to have been received significantly out of time, with no explanation advanced as to why it was not reasonably practicable to bring it in time. | Dismissed | — | £0 |
| Redundancy | The tribunal held that the redundancy payment claim was out of time. It also recorded that this was academic because the first respondent had paid the statutory redundancy payment. | Dismissed | — | £0 |
Remedy
Monetary award- Total award
- £0
- across all upheld claims
Legal tests applied
2 references- s.164 Employment Rights Act 1996
- 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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.