Ronnie Blair v George Burr
[2024] EAT 100
J Wharton v Sheehan Haulage and Plant Hire Ltd
25 June 2024
[2024] EAT 127
Employment Appeal Tribunal
An employee claimed unpaid wages. The first court said he was too late. The appeals court disagreed; the deadline started from when he was last paid, not when he was fired. The case will now be heard on its merits.
Key Facts
- •Claimant's employment terminated on September 9, 2020.
- •Claimant claimed unpaid notice pay (£595) and holiday pay (£43.92).
- •Claim form submitted to ET on February 5, 2021.
- •ET dismissed the claim as out of time, believing the three-month limit ran from the termination date.
- •Claimant appealed, arguing it was an unlawful deduction of wages claim (s.23(2) ERA 1996), with the three-month limit running from the last payment date (September 18, 2020).
- •Respondent did not attend the appeal hearing.
Legal Principles
For unlawful deduction of wages claims (s.23 ERA 1996), the three-month time limit runs from the date of the payment from which the deduction was made.
Employment Rights Act 1996, section 23(2)
Where there's a shortfall in payment, the deficiency is treated as a deduction (s.13(3) ERA 1996), and the time limit runs from the date of the deficient payment.
Employment Rights Act 1996, section 13(3)
Claims for unpaid holiday pay under the Working Time Regulations 1998 can be brought as unlawful deduction of wages claims under the ERA 1996.
Delaney v Staples, Taylorplan Services Limited v Jackson, Arora v Rockwell Automation Limited, Group 4 Nightspeed Limited v Gilbert
ACAS early conciliation certificate extends the time limit for bringing a claim (sections 18A, 207B Employment Tribunals Act 1996).
Employment Tribunals Act 1996, sections 18A, 207B
Outcomes
Appeal allowed.
The ET erred in calculating the time limit for the claim. The three-month limit for the unlawful deduction of wages claim ran from the date of the last payment (September 18, 2020), not the termination date (September 9, 2020). The claim was submitted within the extended time limit provided by the ACAS certificate.