Domestic worker's claim dismissed as out of time despite visa exploitation
A domestic worker who was paid far below the minimum wage and worked seven days a week had her claims dismissed because they were presented to the tribunal three months late.
2 min read · Last updated 18 May 2026
Case details
- #overseas-domestic-worker
- #time-limit
- #national-minimum-wage
- #holiday-pay
- #rest-breaks
- #employment-particulars
- #itemised-pay-statement
Key facts
- The claimant was employed as a domestic worker on an Overseas Domestic Worker Visa.
- She worked for the respondent's family in the UK from 10 January to 31 August 2021 and from 7 May to 26 August 2022.
- She was paid far below the National Minimum Wage and worked seven days a week.
- She left the respondent's employment on 26 August 2022 and sought advice from Kalayaan in October 2022.
- The claim was presented to the tribunal on 13 December 2022, after the three-month time limit had expired.
- The tribunal found it was reasonably practicable for the claim to be brought in time if Kalayaan had acted promptly.
Timeline
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Start of first UK employment period
Claimant arrived in London to work as a domestic worker for the respondent's family.
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End of first UK employment period
Claimant accompanied Mrs Jain to Mumbai and Dubai.
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Signed employment contract
Claimant signed a contract in Mumbai, unaware of its contents due to limited English.
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Start of second UK employment period
Claimant returned to London to work for the respondent's family.
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Claimant left employment
Claimant left the respondent's home after discovering another worker was paid significantly more.
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First meeting with Kalayaan
Claimant met with Ms Mohsin at Kalayaan for advice on immigration and employment issues.
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NRM referral submitted
Kalayaan submitted a National Referral Mechanism referral for the claimant.
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Primary time limit expired
Three-month time limit for the 2022 claim expired.
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ACAS Early Conciliation started
Kalayaan contacted ACAS on behalf of the claimant.
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Claim presented to tribunal
ET1 claim form submitted to the Employment Tribunal.
The legal issue
The tribunal had to decide whether the claimant's claims for unpaid wages, holiday pay, and other breaches were presented within the three-month time limit, and if not, whether it was not reasonably practicable to present them in time.
The outcome
The tribunal dismissed all claims because they were presented outside the three-month time limit.
- The claimant left her job on 26 August 2022 but did not present her claim until 13 December 2022, after the deadline of 25 November 2022.
- She had sought advice from Kalayaan on 17 October 2022, but the tribunal found that if Kalayaan had acted promptly, the claim could have been filed in time.
- No compensation was awarded as the tribunal had no jurisdiction to hear the substantive claims.
Lessons & takeaways
- The three-month time limit for bringing an employment tribunal claim is strict and starts from the date of the last deduction or the end of employment.
- Seeking advice from a support organisation does not automatically extend the time limit if there is a delay in acting on that advice.
- Claimants should ensure they or their advisers submit the claim form to the tribunal as soon as possible, ideally well before the deadline.
- It is important to keep records of all communications with advisers and to follow up if there are delays in processing the claim.
A case of exploitation that never reached a hearing
This case highlights a harsh reality for vulnerable workers: even when there is strong evidence of exploitation, procedural deadlines can block access to justice. The claimant, a domestic worker on an Overseas Domestic Worker Visa, worked for Mr R K Jain's family in London. She was paid far below the National Minimum Wage, worked seven days a week, and received no holiday pay or rest breaks. She left after discovering another worker was paid significantly more.
Why the claim failed
The claimant sought advice from Kalayaan, a charity supporting migrant domestic workers, on 17 October 2022. However, the claim was not presented to the tribunal until 13 December 2022 – nearly two months later and 18 days after the three-month deadline had passed. The tribunal found that it was reasonably practicable for the claim to be brought in time if Kalayaan had acted promptly. The delay in starting ACAS Early Conciliation and filing the claim was not justified by the claimant's personal circumstances, including her visa status and limited English.
What could have been done differently
The key lesson is that time limits are unforgiving. The claimant's advisers could have submitted the claim immediately after the first meeting, rather than waiting several weeks. Even if the claimant needed time to gather evidence, a protective claim could have been filed to preserve the deadline. The tribunal acknowledged the claimant's vulnerability but held that the time limit could not be extended simply because she relied on an adviser who was slow to act.
Why this matters
For anyone considering an employment tribunal claim, this case is a stark reminder: act quickly. The three-month deadline runs from the date of the last unlawful deduction or the end of employment. Delays in seeking or receiving advice do not usually excuse a late claim. If you are relying on an adviser, make sure they understand the urgency and file the claim well before the deadline.
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