- Series of deductions from wages: no back-stop to period of loss for claims presented before 1 July 2015 (Coletta v Bath Hill Court Bournemouth)
- What are the practical implications of this judgment?
- What is the relevant background?
- Relevant law
- Relevant facts
- Decision of the employment tribunal
- What did the EAT decide?
- Case details
Employment analysis: Claims for unauthorised deductions brought before 1 July 2015 are subject to the limitation period set out in subsections 23(2) and (3) of the Employment Rights Act 1996 (ERA 1996), which override the limitations that would otherwise apply under the Limitation Act 1980 (LA 1980), including the six-year limitation under section 9. Therefore, where a claimant brings a claim in respect of a series of deductions made from his pay within three months of the last of the deductions in the series, as prescribed by ERA 1996, s 23(3), he is entitled to recover the sums that had been deducted from the wages properly payable to him, as provided by the National Minimum Wage Act 1998 (NMWA 1998), without the imposition of a back-stop of six years, according to the EAT. Claims presented on or after 1 July 2015 are subject to a back-stop of two years pursuant to amendments made to ERA 1996, s 23 by the Deduction from Wages (Limitation) Regulations 2014, SI 2014/3322.
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