Sinomax International Ltd

Case Summary

The claimant brought complaints of unauthorised wage deductions and religious discrimination against his former employer. Both claims were presented out of time, after the statutory three-month time limits had expired before ACAS Early Conciliation commenced. The tribunal struck out both claims, finding no jurisdiction to determine them as the claimant provided no explanation for the delays and did not attend the hearing.

Both claims were presented out of time beyond the statutory three-month limits and the claimant failed to provide any explanation for the delays or evidence that it was not reasonably practicable to present them in time. The ACAS Early Conciliation 'stop the clock' provisions did not apply because conciliation was not started within the original time limits. The claimant did not attend the hearing and provided no submissions to support extending the time limits.

• •Whether unauthorised deductions from wages claim was presented in time
• •Whether discrimination on grounds of religion claim was presented in time
• •Whether it was reasonably practicable to present claims in time
• •Application of ACAS Early Conciliation 'stop the clock' provisions

- 1 - EMPLOYMENT TRIBUNALS Claimant: Mohammed Ijaz Nellikkunnu Ashraf Respondent: Sinomax International Limited Heard at: East London Hearing Centre On: 17 March 2026 Before: Employment Judge S Povey Representation For the claimant: No attendance For the respondent: Mr Fraiel (In-House Counsel) JUDGMENT 1. The complaint of unauthorised deductions from wages was presented out of time. It was reasonably practicable for it to have been presented in time. As such, the Tribunal has no jurisdiction to determine it, it has no reasonable prospects of success, and it is struck out. 2. The complaint of discrimination on grounds of religion was presented out of time and not within such other period as was just and equitable. As such, the Tribunal has no jurisdiction to determine it, it has no reasonable prosects of success and it is struck out. REASONS 1. The Claimant brings complaints of unauthorised deductions from wages and discrimination on grounds of religion, against his former employer, the Respondent. The Claimant was employed as a Support Worker from 15 July 2023 until 11 December 2023. He started ACAS Early Conciliation on 15 March 2024 and it ended on 26 April 2024. He presented his claim to the Tribunal on 26 April 2024. The claim is resisted in its entirety by the Respondent. - 2 - 2. This hearing was ordered by Employment Judge Park at a case management hearing on 19 May 2025 (subject to further directions issued by Employment Judge Park on 9 September 2025 and an amended Notice of hearing, issued by the Tribunal on 10 December 2025). The purpose of the hearing was four-fold: 2.1. Decide any contested application to amend the claim; 2.2. Finalise the issues in the case; 2.3. Determine whether the claims were out of time (or decide to leave that to be determined at the final hearing); 2.4. Undertake such case management as …