London Borough of Southwark

Case Summary

Mr Surtees claimed unauthorised deductions from wages in respect of sick pay and holiday pay following his medical retirement from the London Borough of Southwark on 31 March 2024. The claimant did not present his claim within the required three-month time limit, beginning early conciliation on 8 November 2024 and submitting his claim form on 4 December 2024. The tribunal dismissed the claim, finding it was reasonably practicable for the claimant to have presented the claim within the time limit despite his health conditions.

The tribunal found that although the claimant had health difficulties, it was reasonably practicable for him to have brought his claim within the three-month time limit following his final payslip on 19 April 2024. The claimant's health conditions did not prevent him from presenting the claim in time.

• •Whether claim for unauthorised deductions from wages (sick pay and holiday pay) was presented within applicable time limit
• •Whether it was reasonably practicable for the claimant to present the claim within the time limit
• •Whether the claim was presented within a reasonable period after the time limit

1 EMPLOYMENT TRIBUNALS Claimant: Mr Marc Surtees Respondent: London Borough of Southwark Heard at: East London Hearing Centre On: 12 & 13 March 2026 Before: Employment Judge E Searley Representation For the claimant: Mr Allibone, Free Representation Unit For the respondent: Mr Nacif, Counsel JUDGMENT The claim of unauthorised deductions from wages in respect of sick pay and unauthorised deductions from holiday pay was not presented within the applicable time limit. It was reasonably practicable to do so. The claim of unauthorised deductions from wages is therefore dismissed. REASONS Introduction 1. The Claimant in this case is Mr Marc Surtees, and the Respondent is the London Borough of Southwark. I will refer to the parties as the Claimant and the Respondent. 2. The Respondent argues that the Claimant did not bring his claim within the required time limit and that therefore the Tribunal has no jurisdiction to hear it. My judgment, and these written reasons, relate solely to that preliminary issue. 2 3. The Claimant brings a claim for unauthorised deduction from wages in respect of both sick pay and holiday pay. In summary, the Claimant asserts he is entitled to sick pay and holiday pay (in relation to statutory bank holidays) and that the respondent has unlawfully deducted these sums from his wages. The Respondent denies any sums are owing to the Claimant and accordingly says no unauthorised deductions were made. 4. The Claimant was retired from the Respondent with effect from 31 March 2024 on the grounds of ill health. His final payslip was 19 April 2024. The parties agree that, if the alleged deductions were made, they formed a series of potential deductions, and that the Claimant’s final payslip marks the date of the end of that series. 5. For the purposes of s.23 Employment Rights Act 1996, the Claimant was required to bring his claim to the Tri…