Claimant v Privilege Care Ltd — 2021

This was a hearing of two unpaid wages claims against Privilege Care Limited. Neither claimant attended, and Employment Judge Hawksworth decided to proceed in their absence under Rule 47 rather than postpone the hearing again. The respondent relied on evidence from its director, Mr Wijesinghe, together with a bundle and supplemental bundle.

Mrs Kauser said her claim related to underpayments for the period 15 August 2017 to 15 December 2017. The tribunal found that the time limit for an unpaid wages claim was three months from the date the payment was due, so the deadline was 14 March 2018. As the claim was presented on 22 August 2019 after early conciliation, it was about 17 months late. No witness statement or other evidence was provided to explain the delay or justify extending time, so the tribunal held that it could not consider the claim and dismissed it.

Mrs Chana did not set out the basis of her claim in her ET1. She told Mr Roddy that she believed she had not been paid the amounts shown on her payslips, but she did not produce bank statements or other evidence to support that assertion. The respondent's director said she had been paid all sums due. The tribunal held that Mrs Chana had not proved unauthorised deductions from wages or a breach of contract in relation to pay, and her claim was dismissed.