Case 1802094/2019 · Employment Tribunal

Mrs Anita Marshall v Jhoots Pharmacy Limited — 2022

Case reference: 1802094/2019
Decision date: 19 May 2022
Jurisdiction: England & Wales
Judge: Employment Judge McAvoy Newns
Venue: Leeds

Indexed: 21 May 2026

Parties

2 named

Claimant

Mrs Anita Marshall

Respondent

Jhoots Pharmacy Limited

Key findings

Tribunal's reasoning

Mrs Anita Marshall started ACAS early conciliation on 25 January 2019 and brought a first tribunal claim on 15 May 2019 for unlawful deductions from wages relating to RX compliance deductions. Her employment ended on 18 October 2019. She then started ACAS early conciliation again on 13 January 2020 and presented a second claim on 13 March 2020, adding a constructive unfair dismissal complaint based on alleged branch closure, incorrect wages, failure to provide equipment, failure to keep stock up to date, and rota changes.

The tribunal held that the constructive unfair dismissal complaint was presented outside the three-month time limit under section 111(2) ERA 1996. Applying the statutory early conciliation provisions in section 18A of the Employment Tribunals Act 1996 and section 207B ERA 1996, and following the authorities it cited including Garau, Romero, Compass Group UK & Ireland v Morgan, and Science Warehouse Ltd v Mills, it concluded that the two claims formed part of the same "matter" and that the second ACAS process could not extend time again. It also found that it was reasonably practicable for the claimant to present the claim in time, noting that she had legal representation, trade union support, and had already been involved in tribunal proceedings for several months.

As a result, the constructive unfair dismissal claim was dismissed without the merits being reached. The unlawful deductions claim succeeded on the respondent's concession. The tribunal recorded that £72.96 had been claimed for RX compliance deductions and £122.61 for a wage shortfall between 15 May and 11 September 2019, totalling £195.57, and that £38.44 had already been received. It ordered the respondent to pay £157.13 gross, less any sums received by the claimant after the hearing.

Claims and outcomes

2 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Constructive dismissal	Dismissed as out of time. The tribunal held the second ACAS early conciliation certificate could not extend time for the same matter and was not satisfied that it was not reasonably practicable for the claim to have been presented in time.	Dismissed	—	—
Unlawful deduction from wages	Upheld on the respondent's concession. The judgment recorded claims for £72.96 of RX compliance deductions and £122.61 for a wage shortfall, with £38.44 already received and £34 said to have been paid immediately before the hearing; the order was for £157.13 less any sums received after the hearing.	Upheld	—	£157

Remedy

Monetary award

Total award: £157; across all upheld claims

Legal tests applied

11 references

Official outcome judgment PDF

Gov.uk primary record

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Open official judgment PDF on gov.uk

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