Mr J Jupp, KC For the v Respondent — 2026

Dr Abdulla's pleaded claim alleged unauthorised deductions from wages under sections 13 and 24 of the Employment Rights Act 1996 concerning holiday pay for occasional locum shifts. The Tribunal found that the agreed list of issues reflected the claim as pleaded and identified 23 February 2024 as the date of the last alleged deduction in the relevant series.

Dr Abdulla sought to rely on an allegedly incorrect payment made on 25 June 2024 for a shift worked on 28 March 2024. The Tribunal held that a deduction arose when the wages were paid or payable, not when the work was performed. The alleged June deduction therefore fell outside the pleaded claim period and constituted a proposed new complaint rather than amended particulars. It had first been identified on 20 April 2026, approximately 18 months out of time, without an explanation for the delay. Applying Parekh v Brent London Borough Council and Z v Y, the Tribunal concluded that adhering to the list of issues would not prevent determination of the case according to the law and evidence.

The Tribunal found that the pleaded series of deductions was already out of time when Dr Abdulla notified Acas on 3 June 2024. Although permitted to provide evidence addressing time limits, he gave no explanation establishing that it had not been reasonably practicable to present the claim in time or that it was subsequently presented within a further reasonable period. He therefore failed to discharge the applicable burden, the Tribunal concluded that it lacked jurisdiction, and the claim was dismissed. No monetary remedy was awarded or assessed.