Mr A Bullock v Royal Mail Group Limited — 2022

The tribunal identified two claims within its jurisdiction from the claimant's claim form: unauthorised deduction from wages under s.13 Employment Rights Act 1996, and detriment under s.44(1)(d) Employment Rights Act 1996. The respondent did not pursue strike-out on merits, and the tribunal determined limitation only.

The claimant had been absent from work from around late February 2020 until 4 January 2021. The respondent treated the absence as sick leave and reduced pay to half pay from around August 2020, while the claimant said he had left and refused to return because the workplace was unsafe. The tribunal found that the final half-pay payment was made on 31 December 2020 and that the claimant returned to work on 4 January 2021, receiving full pay on 8 January 2021.

The tribunal held that time ran from 31 December 2020 at the latest for both complaints, not from 8 January 2021 as the claimant argued. Early conciliation began on 5 April 2021 and the claim was presented on 17 June 2021, so the claims were out of time.

The tribunal found it was reasonably practicable to present the claims in time. Although the claimant was a litigant in person and said he had not known the correct limitation position, he was able to seek advice, had spoken to ACAS, knew about the employment tribunal by around December 2020, and was a member of the Communication Workers Union but did not ask it for advice about time limits. The tribunal concluded that it had no jurisdiction and dismissed the claims.