These regulations came into effect on 1 July 2015. They apply to Employment Tribunal claims brought under s.23 of the Employment Rights Act 1996 i.e. claims alleging that impermissible deductions have been made from money owed to workers.

Claims under s.23 must normally be brought within three months of the date of the alleged deduction. Until now, where there have been repeated deductions amounting to an ongoing series, the whole of the series will be ‘in time’ and the employee can therefore normally obtain recovery in respect of it as long as the claim is brought within three months of the last deduction in an unbroken series. The effect of these new regulations, however, will be to limit the period over which claimants can seek recovery under s.23 to a maximum of 2 years.

These regulations were brought in as a response to recent holiday pay judgements including Lock and Bear Scotland but will apply to any type of unlawful deduction claim brought under s.23. They apply only to Tribunal claims brought on or after 1 July 2015, but not to claims brought before that date.

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Louise McCartney

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Posted on 07/07/2015 in BWB Publications

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