Claimant v Fairburn House Ltd — 2024

The claimant, Mr O Nwobodo, worked for the respondent as a care assistant from 7 April 2022. He said that £400 had been deducted from his December 2023 wages, which were due to be paid on 1 January 2024, and he pursued the matter by correspondence, a meeting in January 2024, further emails on 29 February and 1 April 2024, contact with Citizens Advice on 1 or 2 April 2024, and ACAS early conciliation starting on 4 April 2024. He presented his tribunal claim on 10 April 2024.

The tribunal held that the unlawful deduction of wages complaint was presented outside the primary time limit in s23(2) ERA 1996, which expired on 31 March 2024. Applying s23(4) ERA 1996, and referring to Porter v Bandridge Ltd and Dedman v British Building and Engineering Appliances, it found that it was reasonably practicable for the claim to have been presented in time. The tribunal noted that the claimant had been able to contact the respondent, Citizens Advice and ACAS, but had not adequately explained the gap between 1 January and 31 March 2024, and it did not accept that unspecified IT problems on 8 and 9 April prevented presentation.

Because the tribunal found the claim time-barred and declined to extend time, it concluded that it had no jurisdiction to hear the complaint. It also said that, even if it had found it was not reasonably practicable to present in time, the further 10-day delay would not have been reasonable. The respondent's strike out application was therefore not investigated further.