Case 2410671/2019 · Employment Tribunal
Mr A Corless v Gordon MacLean and 1 other — 2019
- Case reference
- 2410671/2019
- Decision date
- 27 November 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Horne
Parties
3 namedClaimant
Mr A Corless
Key findings
Tribunal's reasoningThe tribunal struck out Mr Corless's complaints of unlawful deduction from wages and holiday pay under rule 37 of the Employment Tribunal Rules of Procedure 2013. It held that the claims had no reasonable prospect of success because they were presented outside the three-month time limit. On the tribunal's calculation, the last possible deduction date was 26 April 2019, which meant the last day to contact ACAS or present the claim was 25 July 2019; Mr Corless did not give his details to ACAS until 8 August 2019 and did not present the claim until 9 August 2019.
The tribunal noted that the time limit could be extended only if it had not been reasonably practicable to present the claim in time, and that the burden was on the claimant to show this. After a clearly headed strike-out warning and a separate letter on 27 November 2019 inviting representations and asking him to explain why it was not reasonably practicable to meet the deadline, Mr Corless did not ask for a hearing and did not provide any explanation for the delay. In the absence of any basis for extending time, the tribunal said it had no legal power to consider the claim and struck it out.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Struck out under rule 37 because the claim was presented out of time and no extension of time was justified on the material before the tribunal. | Struck out | — | — |
| Holiday pay | Struck out together with the unlawful deduction from wages complaint for the same time-limit reasons; no written representations or hearing request were made in response to the strike-out warning. | Struck out | — | — |
Legal tests applied
2 references- rule 37 of the Employment Tribunal Rules of Procedure 2013
- not reasonably practicable
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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