Mr Newton v The Original Cottage Company Ltd: 2501089/2021
JUDGMENT
[1]The Claimant’s claim for unauthorised deduction from wages under section 13 Employment Rights Act 1996 (’ERA’) was not presented to the Employment Tribunal in within the time limit prescribed by section 23(2) ERA. The Employment Tribunal is not satisfied that it was not reasonably practicable for the claim to have been presented within that time limit. The claim is out of time. The Employment Tribunal does not have jurisdiction to hear that claim. The claim for unauthorised deduction from wages is therefore dismissed.[2]The Claimant’s claim for a redundancy payment is well founded and succeeds. The Respondent is ordered to pay to the Claimant to sum of £631.13 in respect of his redundancy payment, (this being £1,459.85, less £828.72 already paid to the Claimant in respect of his redundancy payment). EMPLOYMENT JUDGE NEWBURN