Case 6004918/2025 · Employment Tribunal
Ms. M. Mills v Virgin Atlantic Airways Limited — 2025
- Case reference
- 6004918/2025
- Decision date
- 4 September 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Sudra Date
Parties
2 namedClaimant
Ms. M. Mills
Respondent
Key findings
Tribunal's reasoningThe claimant brought a complaint of unauthorised deductions from wages relating to the period from 22 January 2024 to 2 April 2024, when she was suspended from work and later resumed work with pay reinstated. The Tribunal found that the primary time limit expired on 1 July 2024, but Acas Early Conciliation was not started until 5 December 2024 and the ET1 was presented on 13 February 2025.
The claimant said she had enquired about the amount in April 2024, had later been offered a non-agreed settlement figure of £155, and referred to emails going to junk or spam, her father's Alzheimer's diagnosis, and his dog's death. The Tribunal found that she had not explained how those matters made it not reasonably practicable to present the claim in time or within a reasonable period afterwards.
The Tribunal also noted that the claimant had been involved in several previous Employment Tribunal claims and was a trade union member with access to trade union advice. It concluded that no convincing reasons had been advanced for presenting the ET1 so far outside the primary time limit, refused an extension of time, and struck out the claim for want of jurisdiction.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The claim for unauthorised deductions from wages was struck out because it was presented out of time and the Tribunal found it had no jurisdiction to hear it. | Struck out | — | — |
Legal tests applied
7 references- s.23 Employment Rights Act 1996
- not reasonably practicable
- Marks & Spencer plc v Williams-Ryan [2005] EWCA Civ 470
- Wall's Meat Co Ltd v Khan 1979 ICR 52
- Porter v Bandridge Ltd 1978 ICR 943
- Sterling v United Learning Trust EAT 0439/14
- Cullinane v Balfour Beatty Engineering Services Ltd and anor EAT 0537/10
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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