The Employment Appeal Tribunal declined to extend time for the presentation of a Notice of Appeal against one Judgment of the Employment Tribunal and dismissed a validly presented Appeal against a second Judgment which refused the Claimant’s request for reconsideration of the first. After the Employment Tribunal’s Judgments had been promulgated, and after the presentation of the Appeals, the Claimant and the Respondent had entered into a settlement agreement, following ACAS conciliation, which had compromised all the causes of action relied on by the Claimant before the Employment Tribunal. The Claimant subsequently sought to pursue both of the Appeals before the Employment Appeal Tribunal and contended that the conciliated agreement should be set aside.
The Employment Appeal Tribunal held that the agreement between the parties resulted in the Appeals against the Employment Tribunal’s earlier Judgments being academic and that there was no sufficient reason for either of them to proceed to a Full Hearing in those circumstances. It also held, applying Freeman v Sovereign Chicken [1991] ICR 853, that it was not open to the Claimant to seek to set aside the conciliated agreement as part of the appeal proceedings.
Citations:
[2020] UKEAT 0013 – 20 – 1906
Links:
Jurisdiction:
England and Wales
Employment
Updated: 07 December 2022; Ref: scu.652143