Mr Harry Piper v The Recruitment Crowd Group — 2022

Mr Piper claimed arrears of pay for one unpaid shift at £9.77 per hour. The respondent investigated an initial complaint framed around 4 or 5 December 2020, found no work had been done on those dates, and did not pay wages on that basis. After receiving the ET1, the respondent re-checked CCTV for the dates the claimant had identified in the claim form, concluded he had worked on either 27 or 28 November 2020, and then paid £80.80 net on 4 June 2021, comprising basic pay and holiday pay.

The tribunal first dealt with the claimant’s non-attendance and proceeded in his absence under rule 47 of the Employment Tribunals Rules of Procedure 2013. It found that ACAS had received notification of the claim on 28 February 2021, which was one day outside the relevant time limit because the last day of work was 29 November 2020 and the claim should have been presented by 27 February 2021.

On that jurisdictional issue, Employment Judge Hoyle found there was no evidence that it had not been reasonably practicable for the claim to be presented in time. The tribunal therefore held that it had no jurisdiction to consider the complaint and dismissed the claim. It noted that, had jurisdiction been established, it would have made a declaration that the respondent had made an unauthorised deduction of wages that was later repaid.