The claimant had started action through ACAS early conciliation and subsequently issued a claim for unpaid wages. While the ACAS EC Certificate correctly identified her employer she entered different information on her claim form and the claim was rejected. Under a rule 13 reconsideration the employment judge decided it was now validly presented but only at the time the error was corrected so was now out of time. At the full merits hearing, the tribunal decided the claimant's error was reasonable and it was not reasonably practicable for her to have presented her claim in time, therefore time was extended.

In this appeal, HHJ Auerbach finds this was a finding that the tribunal was entitled to reach. and it had not erred. He did allow a challenge relating to the calculation of the unpaid wages and also refused a costs application The matter was remitted to the tribunal to recalculate its award so as to rectify that error.