Unfair Dismissal Claims Rejected for Late Filing at Employment Tribunal

OUTCOME: Dismissed

Case Number: 3300691/2023, 3300692/2023 3309366/2023, 3309367/2023

EMPLOYMENT TRIBUNALS

Claimant: [redacted]

Respondent: [redacted] Watford Employment Tribunal (In public; In person)

On: 8 to 10 April 2026

Before: Employment Judge Quill (sitting alone)

Appearances For the claimants: [redacted] For the respondent: [redacted] LIABILITY

JUDGMENT 1. The Claimants were employees of the Respondent from 18 January 2017 to 20 March 2023.

2. The effective date of termination was 20 March 2023. The time limit for bringing any complaint of unfair dismissal or breach of contract was 19 June 2023.

3. The time limit for bringing a claim for payment in lieu of unused holiday in accordance with the Working Time Regulations 1998 was 19 June 2023.

4. None of the time limits identified in paragraphs 2 and 3 were extended to a date later than 19 June 2023 by either the early conciliation period from 22 November to 7 December 2022 or the early conciliation period from 31 January 2023 to 14 March 2023, or at all.

5. The complaints of unfair dismissal, breach of contract and for pay in lieu of unused holiday were first presented on 31 July 2023. None of them were presented on 26 January 2023 or any other date before 31 July 2023.

6. It would have been reasonably practicable to present the complaints mentioned in paragraph 5 by 19 June 2023. Thus there is no jurisdiction for the Tribunal to decide these complaints in the Claimants’ favour, and they are dismissed.

7. The complaint about deduction from wages (up to 26 January 2023) was presented on 26 January 2023, as were all the complaints set out in paragraphs 5 and 6 of the list of issues. These complaints are in time.

8. Section 44 of the National Minimum Wage Act 1998 (“NMWA”) applied. The Claimants did not qualify for the national minimum wage in respect of any period of their employment.

9. The wages properly payable were zero. That was true for working time and for holiday time. There was no unlawful deduction from wages.

10. Since there was no entitlement to national minimum wage, Regulation 59(1) of the National Minimum Wage Regulations 2015 did not apply. There was no requirement to keep “records” or “relevant records” of the type defined in section 10 NMWA.

11. There was no breach of section 10 NMWA and therefore no entitlement to remedy under section 11.

12. The complaint of detriment identified in paragraph 5.1.6 of list of issues fails.

13. The complaints of detriment identified in paragraphs 5.1.1 to 5.1.5 are all well- founded. In each case, the Claimants were subjected to the detriment on the ground that action had been taken, or was proposed to be taken, with a view to enforcing, or otherwise securing the rights to which section 23 NMWA applies.

14. There will be remedy hearing on 17 June 2026.

Approved by: Employment Judge Quill Date: 12 April 2026

JUDGMENT SENT TO THE PARTIES ON

6 May 2026

FOR THE TRIBUNAL OFFICE

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Recording and Transcription

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https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practice-directions/

Case Number: 3300691/2023 & 3300692/2023

EMPLOYMENT TRIBUNALS

Claimant: [redacted]

Respondent: [redacted] Employment Tribunals Rules of Procedure 2013 – Rule 21

1. The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing.

_____________________________

Employment Judge R [NAME]: 25th April 2023

JUDGMENT SENT TO THE PARTIES ON

24th May 2023 AND ENTERED IN THE REGISTER

GDJ

FOR THE TRIBUNAL OFFICE