G Hodges v Royal Mail Group Ltd: 6017966/2024
JUDGMENT
The judgment of the Tribunal is as follows: Right not to suffer unauthorised deductions from wages[1]The claimant’s complaint of unauthorised deductions from wages is dismissed for the reasons set out in paragraph 6 below.[2]A complaint of unauthorised deductions from wages may be presented to an employment tribunal under section 23(1) of the Employment Rights Act 1996 (‘the Act’). However, pursuant to section 23(2) of the Act an employment tribunal shall not consider such a complaint unless it is presented before the end of the period of 3 months beginning with the date of payment of the wages from which the deduction was made. Gary Hodges v Royal Mail Group Ltd Case 6017966/2024[3]The claimant’s claim was presented on 8 November 2024. The payment from which he alleged that a deduction was made occurred on 15 September 2023.[4]Pursuant to section 23(4) of the Act, where the employment tribunal is satisfied that it was not reasonably practicable for a complaint under the section to be presented before the end of the relevant period of 3 months, the tribunal may consider the complaint if it is presented within such further period as the tribunal considers reasonable.[5]On 03 December 2025 the tribunal heard both the claimant and the respondent as to the question whether it was reasonably practicable for the claimant to present his claim within the time limit in section 23(2) of the Act and if not whether it was presented within a reasonable period thereafter. The claimant was cross examined by the respondent examined on this point.[6]The Tribunal decided that it was reasonably practicable for the claimant to have presented his claim within 3 months of the event of which he complained which occurred on 15 September 2023, but that in the alternative even if it could be deemed to be reasonable to wait until all internal appeal avenues within the respondent’s business were exhausted, he still failed to present the complaint to the tribunal within a reasonable period thereafter. M Da Costa Employment Judge M Da Costa 05 December 2025 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.