Dr I Zakria v Tameside and Glossop Integrated Care NHS Foundation Trust — 2019

The claimant, Dr I Zakria, was employed by Tameside and Glossop Integrated Care NHS Foundation Trust as a Consultant in Emergency Medicine from 7 January 2013 until his employment ended by resignation with notice on 31 October 2017. He was in dispute with the respondent about payment of a particular allowance, and grievance proceedings were ongoing when his employment ended. His claim form ticked boxes for arrears of pay and other payments, which the tribunal treated as a claim under Part II of the Employment Rights Act 1996 concerning protection of wages.

The tribunal found that the claimant's last payslip for the period ending 31 October 2017 showed a payment date of 27 October 2017. Applying section 23 of the Employment Rights Act 1996, the time limit ran from the date of payment of the wages from which the alleged deduction was made, not from the last day of employment. The limitation date was therefore 26 January 2018, and early conciliation did not extend that date because it had concluded before the payment date. The claim form was received on 30 January 2018.

The claimant submitted that he had raised the dispute during employment, that the grievance process was completed only after his departure, and that the month for which payment was made should be used as the reference point rather than the payment date. The tribunal held that his written submissions did not provide information enabling it to be satisfied that it was not reasonably practicable for the complaint to have been presented within time. The unlawful deductions claim was dismissed as out of time, with no remedy awarded.