| In the recent case of Wharton, an employment tribunal dismissed the Claimant’s claims for unlawful deduction from wages on the basis that the claim form was presented out of time. The Claimant had claimed deductions from notice pay and holiday pay. The tribunal held that the relevant time limit ran from the date of termination of his employment. The Claimant had also failed to contact ACAS to start the necessary early conciliation process within three months of the termination date, so his claim was found to be out of time.
The Employment Appeal Tribunal (EAT), setting aside the decision, held that the tribunal was wrong to conclude that the Claimant started ACAS early conciliation too late. In unlawful deductions from wages claims, the three-month time limit runs from the date of deduction. The Claimant was paid weekly in arrears, meaning that his last pay date (where it was claimed the deductions were made) fell nine days after the termination date. ACAS early conciliation had, therefore, been started within three months of this date and the claim form had been presented to the tribunal within one month of the ACAS early conciliation certificate being issued. A reminder to all businesses that dates should and must be checked carefully. |
