Case 8000510/2026 · Employment Tribunal
Mr C Khalil v Lidl Great Britain Limited — 2026
- Case reference
- 8000510/2026
- Decision date
- 18 August 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge S MacLean
Parties
2 namedClaimant
Mr C Khalil
Respondent
Key findings
Tribunal's reasoningThe Tribunal found that it lacked jurisdiction to determine Mr C Khalil's complaint of unauthorised deduction from wages against Lidl Great Britain Limited. The claim concerned a single alleged deduction for work in October 2023 which he believed should have been paid in his November 2023 salary. Taking his case at its highest, payment fell due no later than 30 November 2023 and the claim should have been presented by 29 February 2024. He presented it on 4 March 2026.
The Tribunal accepted that it had not been reasonably practicable to bring the complaint within the original time limit. By February 2024, Mr Khalil had not fully understood how his October hours had been treated or whether they had been banked. His relationship with his immediate manager was difficult, and he may not readily have been able to establish from his payroll information whether an underpayment had occurred.
However, the complaint was not brought within a reasonable further period. Mr Khalil obtained digital access to his payslips in March 2024 and questioned his banked-hours balance during a grievance process in May. By June 2024, he knew about Tribunal proceedings and time limits and had enough information to contact ACAS. His hope that the matter would be resolved internally explained his delay but did not establish that he could not reasonably have started proceedings.
The Tribunal accepted that his son's serious illness after birth in July 2024, his caring responsibilities and the pressure on his wellbeing affected him. Nevertheless, it found no evidence that he could not reasonably have presented the complaint by June 2024, when he remained capable of pursuing grievances and subject access requests. It concluded that he could reasonably have brought the claim well before March 2026. The judgment did not decide whether wages were owed and recorded no monetary award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The Tribunal found that it lacked jurisdiction under section 23 of the Employment Rights Act 1996 because the complaint was out of time. The alleged deduction was not determined on its merits. No separate ruling on the respondent's strike-out application was recorded. | Dismissed | — | — |
Legal tests applied
3 references- Section 23 of the Employment Rights Act 1996
- Whether it was not reasonably practicable to present the complaint within the three-month limitation period
- Whether the complaint was presented within such further period as was reasonable
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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