Industrious Ltd v Horizon Recruitment Ltd and Another: EAT 11 Dec 2009

Section 203(1) of the Employment Rights Act 1996 (‘ERA’) deems as void provisions, which preclude a party from bringing proceedings before an Employment Tribunal, save in respect of agreements which satisfy certain specific requirements, which are set out in section 203(3) of ERA. Does that Employment Tribunal have jurisdiction to determine whether a compromise agreement is unenforceable because of misrepresentation?
The Employment Tribunal held that it did.
Held on appeal
The Employment Tribunal does have jurisdiction to determine if a compromise is unenforceable.
Eden v Humphries and Glasgow [1981] ICR 183; Larkfield of Chepstow Limited v Milne and another [1988] ICR 1 and Byrnell v British Telecommunication PLC (UKEAT/0383/04) not followed.
Henessey v Craigmyle and Company Ltd [1985] ICR 879 and Greenfield v Robinson (E.A.T/811/95) applied.
Silber J
[2009] UKEAT 0478 – 09 – 1112, Times 11-Jan-2010

Updated: 21 February 2021; Ref: scu.392543