A FORMER council worker who said he was illegally paid nothing while off sick failed in a bid to take his employers to a tribunal.

A council operations assistant tried to make a claim for the unlawful deduction of wages but did not do so in time, a judge ruled.

The worker, named on documents as Mr P Fisher, claimed Westmorland and Furness Council and Cumberland Council were responsible for not paying his salary and pension correctly during a period of sickness.

He said his pay was eventually reduced to zero during this period and this was unlawful.

An employment judge ruled he was able to bring in a claim within the three-month time limit for doing so  - but did not.

According to documents, Mr Fisher worked as an operations assistant from September 2012 until his retirement in October 2023.

Outlining the case, a published decision said: "The claimant was aware by the date of his return to work on 10 May 2023 that he could make a claim for unauthorised deductions of wages in respect of the wages and pension payments he considered had not been fully paid during his absence period.

"He was told by his union during his sickness absence that a three month time limit applied to such a claim, but at that stage, during his sickness absence, he was unsure when that time period ran from.

"After returning to work on 10 May 2023, the claimant began to collate all the relevant information he needed to quantify his claim.

"The claimant had done some online research about his claim and was aware he could find out information online but says he did limited research at that stage as he was going to seek advice from his union."

Papers said the delay was caused by him relying on his union to respond to him with advice to take the claim forward.

Dismissing the claim after it was withdrawn by Mr Fisher, Employment Judge Fearon said:  "I find that it was reasonably practicable for the claimant’s claim for unlawful deduction from wages to have been brought within the required time period and as the claim was not brought within the relevant 3 month period the claim is dismissed."