Mr T Bidwell v Cuckoos — 2020

Mr Bidwell brought a claim on 20 July 2020 saying that his former employer had failed to pay him a tax rebate of about £446. He said he had been paid in cash, did not receive payslips, and only realised the issue when checking his tax affairs after his employment ended on 31 December 2019. He then tried to contact the respondent through Facebook, exchanged messages in April 2020, and later sought help from HMRC and the CAB.

The tribunal considered the time limit in s.23(2) and s.23(4) of the Employment Rights Act 1996 and referred to Asda Stores Ltd v Kauser on the meaning of "not reasonably practicable". It accepted that, given the circumstances and the pandemic, it may not have been reasonably practicable for the claim to be presented by 30 March 2020, but held that the delay beyond that point was not reasonable.

The tribunal found that the claimant was aware by the end of April 2020 that his former employer had disengaged from contact, and that it would have been reasonable for him to raise proceedings soon after that. Because he did not present the claim until 20 July 2020, the tribunal concluded that it did not have jurisdiction to consider the claim. No monetary award was made.