Allma Construction Ltd v Bonner: EAT 12 May 2010

EAT Whether or not claim settled. Employment Tribunal held to have erred in holding that no binding settlement reached where found as fact that employers’ agent had offered to settle the claim at andpound;1,000 and that offer had been accepted by the claimant’s solicitor. The belief of the ACAS officer involved to the effect that the settlement was not binding because he had not spoken directly to both parties was irrelevant, as was the finding that a COT3 settlement would ‘normally’ contain other provisions as well, as were the findings in fact about what passed between the Claimant’s solicitor and the employers’ agent subsequently, after the Claimant had changed his mind as to the acceptability of the offer. Appeal upheld and claim dismissed.

Citations:

[2010] UKEAT 0060 – 09 – 1205

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Updated: 25 August 2022; Ref: scu.424998