Case 6010821/2024 · Employment Tribunal
Mr J Sanders v Beamish Hall Limited HELD AT: Newcastle CVP — 2024
- Case reference
- 6010821/2024
- Decision date
- 13 December 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Booth REPRESENTATION
Parties
2 namedClaimant
Mr J Sanders
Key findings
Tribunal's reasoningThe claimant, Mr J Sanders, brought a complaint that the respondent, Beamish Hall Limited, made an unlawful deduction of £20.28 from his April 2024 wages by failing to apply the National Minimum Wage rate of £11.44 per hour to hours worked between 01.04.2024 and 22.04.2024. The claimant did not attend the hearing, which proceeded in his absence under Rule 47. The Tribunal heard from Mr J Gayer, Financial Controller of the respondent, and reviewed the ET1, ET3 and the payslip dated 30.04.2024.
On time limits, the Tribunal found that under s.23(2) Employment Rights Act 1996 the three-month period ran from the date of payment on 30.04.2024 and expired on 29.07.2024. The claimant did not commence ACAS early conciliation until 21.08.2024 and did not present his claim until 06.09.2024, 39 days late, and gave no reason for the delay. The Tribunal concluded that it did not have jurisdiction and dismissed the complaint.
On the merits, the Tribunal found as fact that the pay reference period to which the payslip related began on or around 18.03.2024 and ended on or around 22.04.2024. Applying regulation 4B of the National Minimum Wage Regulations 2015, the applicable NMW rate was the rate in force on the first day of the pay reference period, namely £10.42. As the claimant was paid £11.00 per hour, there was no deduction from his wages, and had the Tribunal had jurisdiction it would have dismissed the claim as not well founded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Claim dismissed for want of jurisdiction as it was presented out of time (39 days after the three-month time limit under s.23(2) ERA 1996). The Tribunal also considered the merits and would have dismissed the claim as not well founded, finding under regulation 4B of the National Minimum Wage Regulations 2015 that the applicable NMW rate for the pay reference period beginning on/around 18.03.2024 was £10.42, and the claimant was paid £11.00 per hour, so no deduction was made. | Dismissed | — | — |
Legal tests applied
3 references- s.23(2) Employment Rights Act 1996
- Rule 47 of the Employment Tribunal Rules of Procedure (Schedule 1, Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013)
- Regulation 4B of the National Minimum Wage Regulations 2015
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.
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