EAT PRACTICE and PROCEDURE
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  ICR 183; Larkfield of Chepstow Limited v Milne and another  ICR 1 and Byrnell v British Telecommunication PLC (UKEAT/0383/04) not followed.
Henessey v Craigmyle and Company Ltd  ICR 879 and Greenfield v Robinson (E.A.T/811/95) applied.
 UKEAT 0478 – 09 – 1112, Times 11-Jan-2010
Updated: 21 February 2021; Ref: scu.392543