Mr P Chandrashekarappa v Wipro Limited — 2023

At a preliminary hearing on 6 March 2023, the tribunal considered the respondent's application that the claims in the claimant's first and second ET1s were out of time because of the early conciliation rules. The first claim concerned bonus and incentive payments and a race discrimination complaint about a comparator and currency conversion. The tribunal held that the bonus element due in August 2021 was in time, and it exercised a just and equitable extension for the currency-conversion allegation because the claimant said he did not learn of the comparator circumstances until the end of July 2021. It also recorded that the fact the claimant was represented by a solicitor throughout did not prevent an extension of time.

For the incentive-payment element of the first claim, the tribunal said there was insufficient evidence to decide whether the bonus and incentive payments formed a series of deductions for limitation purposes. That issue was left to the tribunal hearing the substantive claim. The judgment also notes the claimant's reliance on section 23(3) ERA 1996 and the respondent's case that the incentive payment was due on 28 May 2021.

The second ET1 was presented on 27 September 2022 after an ACAS certificate dated 29 August 2022. It included victimisation, constructive unfair dismissal, wrongful dismissal and unlawful deductions complaints arising from later events culminating in the claimant's resignation on 3 June 2022 with termination effective 17 June 2022. The tribunal held that the second claim was not the same matter as the first claim, distinguished Serra Garau, Compass Group, Science Warehouse and Romero, and concluded that a second ACAS certificate was required and effective. The respondent's strike-out application therefore failed; only the incentive-payment time point in the first claim was left for the substantive tribunal.