Mr I Smith v Royal Mail Group Limited AT A PRELIMINARY HEARING BY TELEPHONE CONFERENCE CALL — 2020

Mr I Smith brought a claim against Royal Mail Group Limited for a series of unauthorised deductions from wages, described by the tribunal as a claim for back-dated compensation for receiving a 20 minute rest break instead of 30 minutes. The tribunal noted that the rest break allowance had since been increased to half an hour, apparently in early 2019, but the claim concerned the earlier period.

The tribunal held that the last in any series of alleged deductions would have been in early 2019, so time began to run then under section 23(3) of the Employment Rights Act 1996. Even if time were taken to run from the date of the last payment, the ordinary three-month time limit had expired by 26 December 2019. The claimant did not enter ACAS early conciliation until 26 to 27 February 2020 and the ET1 was issued the same day the ACAS certificate was received.

The tribunal rejected the argument that it had not been reasonably practicable to present the claim in time. It said the point had been advanced for the first time in oral submissions, no reason for the delay appeared in the claimant's witness statement, and there was no culpable misrepresentation by the respondent that prevented an earlier claim. The tribunal found that continuing discussions with the union did not stop time running, and that the claimant had the facts and trade union support needed to present a claim to protect his position.

The tribunal therefore concluded that the claim was out of time by at least two months, and in reality about nine months late from the early-2019 alleged deduction date. It held that the claim could and should have been presented earlier and dismissed it.