Mr M Glazebrook v Asos.com Ltd — 2020

The tribunal held an open preliminary hearing on 6 October 2020 before Employment Judge Russell, sitting alone, with the claimant absent. The respondent applied to strike out the claims on the basis of a settlement agreement, limitation, and employment status.

The tribunal found that the claimant had voluntarily entered into a settlement agreement on 7 February 2020 and that it complied with the statutory requirements for a valid compromise under section 203 of the Employment Rights Act 1996 and the Equality Act 2010. The agreement listed the claimant's pleaded complaints in Schedule 2, and the respondent paid £16,100 on 14 February 2020 in performance of the agreement.

The judge rejected the claimant's assertions of mental incapacity and economic duress. The tribunal relied on the contemporaneous emails in which the claimant confirmed that he was not under duress and was of sound mind, together with the evidence that he had legal advice on the agreement. The tribunal also noted that the claims were out of time, although it did not finally determine the limitation and status points because the settlement agreement was sufficient to dispose of the case.

All pleaded complaints, including unfair dismissal, sex discrimination, harassment, breach of contract, unauthorised deduction from wages, other contractual payments, and working time claims, were struck out under Rule 37(1)(a) because the tribunal found they had no reasonable prospect of success once the settlement agreement point was accepted.