Mr N Shah, Solicitor For v Respondent — 2019

The tribunal, sitting alone before Employment Judge Glennie on 25 October 2019, dealt with a preliminary issue about limitation and amendment in Mr Strickfuss's deductions claim. The last deduction was made on 19 September 2014, so the three-month time limit expired on 18 December 2014. ACAS conciliation began on 15 January 2015 and the ET1 was presented on 26 February 2015, which the claimant conceded was out of time for the original claim.

The tribunal held that the original claim in respect of deductions before 26 February 2015 was out of time and outside its jurisdiction. It then held that the claims added by the first and subsequent amendments were within time and could be heard, treating an in-time amendment as capable of presenting a claim. In reaching that conclusion it referred to Prakash v Wolverhampton City Council and said there was no reason why the later, in-time complaints should fall with the original out-of-time claim.

In the alternative, if that technical analysis were wrong, the tribunal said it would refuse an extension of time. It found that it had been reasonably practicable to bring fresh claims in time, including by presenting a fresh claim after February 2015, so the time limit would not be extended on that basis. No monetary remedy was decided in this judgment.