P O’Donnell Mr V Kalamb v Claymore Contracting Services — 2018

Mr V Kalamb brought a complaint of unlawful deduction from wages arising from work he did for Claymore Contracting Services in August 2016. The tribunal found that he was paid weekly in arrears, worked 8 hours a day at £8.25 an hour, and did not receive payment for wages due on 22 August, 29 August and 5 September 2016. He first worked for the respondent in May 2016 and then again from 8 August 2016, including work on 11 to 15 August and on 22 and 25 August 2016.

The tribunal held that the claim was not presented within the time limit in s23 ERA 1996. It found that the relevant limitation period expired on 4 December 2016, but the ET1 was not lodged until 19 January 2018. Although the claimant had previously lodged a claim in late 2016, that claim was rejected because he had not complied with ACAS Early Conciliation, and he then pursued an appeal to the EAT rather than remedying the defect and re-presenting the claim within time.

The tribunal decided that it was reasonably practicable for the claim to have been presented in time because the claimant knew he could bring a tribunal claim and had researched the process, but did not take the required ACAS step before lodging his first ET1. It also held that, even if it had been necessary to consider an extension under s23(4) ERA 1996, the delay after the EAT decision in spring 2017 until the grievance in October 2017 and ACAS Early Conciliation in January 2018 was not a reasonable further period. The tribunal therefore held that it had no jurisdiction to hear the claim and did not consider the substantive unlawful deduction issue.