Royal Mail Group Ltd

Case Summary

Gary Hodges brought a claim for unauthorised deductions from wages relating to a payment made on 15 September 2023. The claim was presented to the tribunal on 8 November 2024, well outside the 3-month statutory time limit. The tribunal found it was reasonably practicable for the claimant to have presented the claim within the time limit, and that even if the delay to exhaust internal appeals could be considered reasonable, the claimant still failed to present the complaint within a reasonable period thereafter.

The tribunal decided it was reasonably practicable for the claimant to present his claim within the 3-month statutory time limit from 15 September 2023, and that even if waiting for internal appeals could be deemed reasonable, the claimant still failed to present the complaint to the tribunal within a reasonable period thereafter.

• •Whether it was reasonably practicable for the claimant to present a complaint of unauthorised deductions from wages within the 3-month statutory time limit under section 23(2) of the Employment Rights Act 1996
• •Whether the claim was presented within a reasonable period thereafter under section 23(4) of the Act

Gary Hodges v Royal Mail Group Ltd Case 6017966/2024 1 EMPLOYMENT TRIBUNALS Claimant: Gary Hodges Respondent: Royal Mail Group Ltd Heard at: London South Employment Tribunal (Croydon) On: 03 December 2025 Case number: Before: 6017966 / 2024 Employment Judge M Da Costa ATTENDANCE: Claimant: In person via CVP link unrepresented Respondent: Representative Ms Kate Hall of solicitors in person via CVP link 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 2 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…