Claimant v CD
Outcome
Individual claims
The tribunal found the claim was brought approximately 12 months out of time, ending July 2022. Despite claimant's ill health, the tribunal concluded he was able to work, deliver complex reports, correspond with HR on various subjects, and engage with complex tribunal proceedings during the relevant period (July 2022 - January 2023). His mental health did not deteriorate significantly until April/May 2023. Therefore it was reasonably practicable to bring the claim within 3 months and the tribunal had no jurisdiction to hear it.
Facts
The claimant transferred to the respondent from Public Health England and raised concerns about underpayment from October 2021 onwards. He commenced a new role as Senior Project Manager in July 2022 after a phased return. He pursued an internal grievance about the pay issue throughout 2022 and 2023 while also engaged in separate disability discrimination tribunal proceedings from 2019. He contacted ACAS in October 2023, approximately 12 months after the series of deductions ended. The claimant suffered from adjustment disorder and recurrent depressive disorder, though was able to work with adjustments throughout the relevant period.
Decision
The tribunal dismissed the unlawful deduction from wages claim as presented outside the 3-month time limit. Despite the claimant's mental ill health, the tribunal found it was reasonably practicable to bring the claim in time because during the relevant period (July 2022 - January 2023) he was able to work, produce complex reports, engage with his employer on multiple matters, and actively participate in ongoing tribunal proceedings. His mental health only significantly deteriorated from April/May 2023, after the limitation period had expired.
Practical note
Ill health or disability will not make it not reasonably practicable to bring a claim in time if the claimant can demonstrate capacity to perform complex work tasks, correspond on employment matters, and engage with tribunal proceedings during the limitation period, even if pursuing internal grievances in parallel.
Legal authorities cited
Statutes
Case details
- Case number
- 3312367/2023
- Decision date
- 23 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- CD
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Senior Project Manager
Claimant representation
- Represented
- Yes
- Rep type
- lay rep