Mr S Andrews v Asda Stores Limited — 2020

The tribunal found that the claim had been issued out of time under section 23 of the Employment Rights Act 1996 and/or article 7 of the Employment Tribunal's Extension of Jurisdiction Order 1994. For the £32 bonus complaint, it was not reasonably practicable for the claimant to have issued in time because an earlier claim had been brought in time and the early conciliation issue had not been identified until a later hearing. The new claim was issued within a reasonable further period.

The tribunal did not reject the £32 bonus complaint on early conciliation grounds. It found, however, that the respondent's Retail Bonus Policy appeared to permit reduction of a bonus where a warning was live, and the claimant would need to show that the policy had been applied capriciously and/or non-contractually. The tribunal concluded that the complaint had little reasonable prospect of success and made a £25 deposit order.

The £3,812.18 complaint had previously been refused as an attempted late amendment and was again out of time; the tribunal also considered its reintroduction arguably an abuse of process. The £790.51 unpaid labour complaint was dismissed because the claimant had known of each alleged deduction within days of it being made, the last alleged deduction was in April or May 2019, and there was no basis for finding that it had not been reasonably practicable to issue the claim sooner.