Mr S Basker v QDos Recruits Limited — 2019

The claimant brought a claim for unlawful deduction from wages against QDos Recruits Limited. The tribunal found that the claim should have been started through the ACAS early conciliation process by 8 February 2019, because the last deduction from wages had been made on 9 November 2018. The early conciliation certificate showed that ACAS received the notification on 14 February 2019, which was outside the primary time limit.

The tribunal noted that it could still hear the claim if it was not reasonably practicable for the claimant to present it in time and if it was then presented within such further period as the tribunal considered reasonable under section 23(4) of the Employment Rights Act 1996. The claimant said it had not been reasonably practicable because he was trying to resolve the matter directly with the respondent, through informal correspondence and via ACAS, rather than through a formal internal grievance process.

Applying the approach described in Palmer and anor v Southend-on-Sea Borough Council, the tribunal held that the question was whether it had been reasonably feasible to present the claim in time. It found that it was reasonably feasible for the claimant to have made an early conciliation notification before the primary time limit expired, including while he was corresponding informally with the respondent and using ACAS. The claim was therefore dismissed.