The Claimant had worked for the Respondent for just over 5 weeks when he walked out and did not come back. A few days later he was paid for the 2 days he had worked but not yet been paid for, plus an amount for accrued holiday which had not been taken. The Claimant claimed that he was due a week's notice pay and more holiday pay. The ET found that his claim was out of time, having used the day he walked out rather than the day on which his final payment was made when calculating the 3 month prescribed time limit. The Claimant appealed.

The EAT allowed the appeal. As the claim was for unlawful deductions, the 3 month time limit should have started from the day on which the Claimant had suffered the alleged unlawful deductions, not the day his employment was terminated.