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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Jones - if i wished to make a claim to an employment

Resolved Question:

for Ben Jones - if i wished to make a claim to an employment tribunal is the time limit three months from something first happening or three months from it last happening?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Please remind me what the claim was for?
Customer:

Hi, the claim is for unlawful deductions from wages,failure to pay minimum wage,not allowing full statutory holidays.

Ben Jones :

Hi, the time limit is from the time it last happened but if you wish to claim for the linked events then you must be able to show that there was a 'series' events which were all linked together ad not broken at any point., So for example in the event of unlawful deduction of wages let's say you were not paid what you were due 3 years ago and then the employer continued to not pay you continuously with every pay you received up until last month - this is a series of deductions and you can claim for the whole period as long as you make a claim within 3 months of the last time you were not paid what you were due. However, if at some point during those last 3 years you were paid the correct amount then that would have broken the series of deductions and the time to claim would have restarted. It means that from that time you would have had 3 months to claim for all deductions made until then but if you did not then you would have missed the opportunity to make a claim and if you were to claim now then you can only go back as far as the time when the break happened. So the key is to show there was an unbroken series of events because as soon as the correct thing was done at some point and the correct amount paid top you or the correct holidays given to you then you would have had a break in the series of deductions and can only go back as far as that event assuming everything has been unbroken since

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Thank you very much that makes things much clearer.

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