Limitation and the recovery of wage deductions - Coletta v Bath Hill Court (Bournemouth) Property Management Ltd [EAT] 29.03.18 (Unreported)

Wed, 11 Apr 2018

Where a claim had been brought under a statute that prescribed a period of limitation, the Limitation Act 1980 s.39 provided that the limitations that would otherwise apply pursuant to that statute (including the six-year limitation under s.9) would not do so. Where an employee had brought 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 the Employment Rights Act 1996 s.23(3), he was entitled to recover the sums that had been deducted from his wages, as provided by the National Minimum Wage Act 1998, without the imposition of a back-stop of six years.

Category: Employment »  Remuneration; Tribunal procedure; England and Wales. Keyword(s): Limitation of actions. Area(s) of law: Employment; Litigation.
Source: [2018] UKEAT 0200_17_2903


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