Mr D Flowers v Leisure Box Fitness Ltd (in voluntary liquidation) — 2024

Mr D Flowers brought a claim for unpaid wages said to relate to work as a personal trainer between 2 November 2023 and 30 November 2023. He said the gym closed and he was not paid for work already done. The respondent entered creditors voluntary liquidation on 22 February 2024. Both parties did not attend the final hearing, and no explanation was given by the claimant for his non-attendance.

The tribunal found that the claim was governed by the strict time limit in section 23 ERA 1996. ACAS Early Conciliation ran from 2 February 2024 to 15 March 2024, so the limitation period was extended, but the tribunal calculated that the claim should still have been presented by 14 April 2024. The proceedings were not issued until 17 June 2024, which was over two months late.

The tribunal considered whether the delay could be excused on the basis that it was not reasonably practicable to present the claim in time. It noted that the claimant’s ET1 stated that he had obtained another job on 12 May 2024, paying £12,000 per annum, which indicated that he had been able to take steps to find work before the claim was issued. In the absence of any evidence from the claimant explaining the delay, the tribunal was not satisfied that it had not been reasonably practicable to present the proceedings by 14 May 2024.

As a result, the tribunal held that it did not have jurisdiction to make any award for unpaid wages and dismissed the claim.