Mr R A Antwi v Nojrul Islam Miah t/a Aim Recruit — 2021

The tribunal first dealt with limitation. Mr Antwi had filed an ET1 on 12 August 2020 within the ordinary time limit, but it was rejected because the ET1 named 'Noz Miah' while the ACAS early conciliation certificate named 'Aim Recruit'. The judge found those names referred to the same person, Nojrul Islam Miah trading as Aim Recruit, and said that if the ET1 had named Aim Recruit it would have been accepted. Applying the 'not reasonably practicable' test under s.111 ERA 1996, together with the early conciliation extension in s.207B ERA 1996, the tribunal accepted Mr Antwi's evidence that he did not receive the rejection letter and did not know the claim had been rejected until late November 2020, after which he refiled within a few days.

On the merits, Mr Antwi said he worked as an agency tanker driver for Certas Energy UK Ltd through the Respondent from 9 September 2019 to 17 April 2020. He said he had agreed pay of £16 per hour for the first 12 weeks and £17 per hour thereafter, but was paid £14.28 per hour throughout, and he also claimed London waiting, night working and lunch allowances. The Respondent did not attend or engage with the proceedings. The judge found Mr Antwi to be a truthful witness and said his account was supported by contemporaneous documents, including a payslip and text messages about the hourly rate.

The tribunal accepted Mr Antwi's calculation of arrears, including £437.31 for the first period, £1,986.96 for the later period, and £2,092.56 for allowances, giving a total claim of £4,516.83. The judge noted that any mismatch between the calculation and the figure on the claim form went to quantum rather than liability, and said leave to amend would have been granted if needed. Judgment was therefore entered for the Claimant in the sum of £4,516.83, and the claim was not struck out as out of time.