Clarke and others v Stockton-On-Tees Borough Council: EAT 22 Feb 2006

EAT Appeals against Employment Tribunals’ decisions upholding the validity of conciliation contracts effected with the assistance of ACAS officers so as to preclude the Claimants from issuing and enforcing equal pay claims. In each case, ACAS officers discharged their functions under s77 Sex Discrimination Act 1975 and s18 Employment Tribunals Act 1996 which are to be read together. In the Redcar case, the unions had authority to negotiate offers, but not to enter into legally binding agreements, on behalf of the members and non-members. An allegation that the officer lacked independence and impartiality in the Stockton case was dismissed on the facts. Submissions on behalf of ACAS, intervening at the invitation of the EAT, were accepted as to the role of ACAS officers under the law.
[2006] UKEAT 0407 – 05 – 2202
England and Wales

Updated: 07 March 2021; Ref: scu.240231