Kendall v KKDC England Ltd & Anor (Contract of Employment: Unlawful Deductions from Wages) [2021] UKEAT 0217/19/1603

Appeal against decision that it was reasonably practicable for claims to have been submitted on time where one claimant was submitting on behalf of all four claimants. Appeal dismissed.

The claims in question were for unauthorised deductions and wrongful dismissal against an insolvent company. Although the fact of dealing with an insolvent company made things more difficult, and two of the claimants gave birth during the three months, the judge in the ET found that : “they are all bound by any acts or omissions done by C1 on their behalf, including late presentation of the claim.”

In this appeal, counsel for the claimants, who were unrepresented in the ET, argued that such a conclusion ignored the skilled advisors line of cases and that the judge had not sufficiently investigated the claimant’s circumstances and understanding before arriving at her conclusion. John Bowers QC, sitting as a Deputy High Court Judge, rejects those submissions, though accepting that the case could have gone either way, the judge had addressed the correct questions and found that presentation of the claim was reasonably practicable in the ‘sense of capable of being carried out’.

Published: 23/08/2021 15:43

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