EAT Practice and Procedure : Preliminary Issues
On appeal against the decision of the Employment Tribunal that it had jurisdiction to set aside a settlement agreement on the ground that the claimant lacked capacity to contract, it was argued that the position as set out by Silber J in Industrious Ltd v Horizon Recruitment Ltd (in liquidation) and Vincent did not extend to agreements where the alleged invalidity was due to capacity.
A distinction between agreements induced through error or misrepresentation and those purportedly entered into by a party who lacked capacity is artificial and unsound. The relevant legislation requires the Employment Tribunal to consider the validity of any purported settlement agreement. Only if it is valid both in form and in substance will the Tribunal’s jurisdiction to determine the claim be ousted.
Lady Wise
[2016] UKEAT 0024 – 15 – 1105
Bailii
England and Wales
Employment
Updated: 24 January 2022; Ref: scu.570378