Mr S Gould v National Crime Agency — 2022

The claimant brought claims arising from the respondent's application of its Shared Parental Leave policy. He alleged that he was financially disadvantaged in his July 2018 pay and sought sums for 9 weeks of shared parental leave at full pay, time spent dealing with the issue, and the ongoing impact of the matter.

The tribunal found that the claimant knew the relevant time limit and had obtained an ACAS Early Conciliation certificate in 2018, with 5 January 2019 agreed as the last date for presenting the wages claim. The claimant did not present a claim then because he accepted a proposed grievance resolution on 4 January 2019. The tribunal accepted that he did so in good faith, but concluded that this did not make it not reasonably practicable to present the claim in time.

The tribunal also concluded that, even if the primary time limit had not been reasonably practicable to meet, the claim was not presented within a reasonable further period. The later appeal process, the second ACAS certificate, and the claimant's circumstances during the Covid-19 pandemic did not alter the conclusion that the June 2020 claim was out of time. The remaining two claimed sums were found not to be claims properly brought as unlawful deductions from earnings, and the claims were struck out in their entirety.