Mr B Rodd v Virtus Leisure Management Ltd — 2023

The tribunal identified three claims from the ET1: unauthorised deduction from wages under section 13 ERA 1996, breach of contract in the alternative in relation to the wage shortfall during furlough, and a section 8 ERA 1996 complaint about payslips. It found that the claimant's employment ended on 21 May 2021 and that the final salary payment date was 27 May 2021. On that basis, it held that the primary limitation period for the breach of contract claim expired on 20 August 2021 and the primary limitation period for the unlawful deduction and section 8 claims expired on 26 August 2021.

The tribunal accepted that the claimant decided to bring a claim when he received his P45 in June 2021, so he was aware by then that he had a potential claim. It also found that he knew of the existence and jurisdiction of the Employment Tribunals, having brought a previous claim in around 2017. The claimant said he had difficulty accessing the online ET1 form because he had no home internet access and was 84 years old, but the tribunal found those matters did not explain the full delay. It noted that he had the tribunal telephone number and could have requested a claim form earlier.

Applying the reasonably practicable test and referring to Trevelyans (Birmingham) Ltd v Norton 1991 ICR 488, the tribunal concluded that it was reasonably practicable for the claimant to present these claims within the statutory time limits. It noted that there was no evidence of ill health or learning difficulty, and that ignorance of the limitation periods did not assist the claimant. The claims were struck out in their entirety because the Employment Tribunal did not have jurisdiction to consider them further, and the final hearing and provisional case management orders were vacated.