Mr M Bellaz v Manchester Airport Groups plc PRELIMINARY HEARING — 2020

This was a preliminary hearing before Judge Brian Doyle sitting alone. The claim was a single complaint under section 13 of the Employment Rights Act 1996, concerning unpaid wages for two months in September and October 2018 while the respondent required the claimant to take unpaid leave during renewal of his work permit. The tribunal identified 15 October 2018 as the relevant date for limitation purposes, being the last date on which the non-payment occurred.

The tribunal found that the claim was presented too late. The claimant gave notice under Acas early conciliation on 28 June 2020, received a certificate on 15 July 2020, and presented his ET1 on 22 July 2020. On the tribunal's calculation, the claim should have been presented by 14 January 2019, subject to any extension if it had not been reasonably practicable to present in time.

Although the tribunal accepted that the claimant had raised the matter informally, researched the position, and later sought advice, it held that it was reasonably practicable for him to have brought the claim within the three-month time limit or shortly thereafter. The tribunal noted that he had some legal inquiries in late 2018 or during 2019, did not seek formal trade union advice until December 2019, and did not present a grievance until 6 May 2020. The tribunal was sympathetic to his position but concluded that none of the evidence brought the case within any recognised basis for concluding that it had not been reasonably practicable to present the claim in time, so the tribunal had no jurisdiction and dismissed the complaint.