Claimant v Lakeside Healthcare
Outcome
Individual claims
The parties reached a binding COT3 settlement agreement on 13 December 2024, communicated through ACAS conciliator. The claimant's representative, Mr Robinson, orally accepted the respondent's offer of £3,500 plus waiver of alleged overpayment. The tribunal found this created a legally binding compromise of the claim, despite the claimant's later assertion she had not authorised the settlement.
Compromised by the binding COT3 settlement agreement reached on 13 December 2024 for £3,500 plus waiver of alleged overpayment. The tribunal rejected the claimant's argument that the settlement should be set aside, finding no evidence of coercion or undue influence by ACAS.
Compromised by the binding COT3 settlement agreement. The tribunal found Mr Robinson had ostensible authority to act as the claimant's representative when he accepted the settlement, based on the claimant's own emails to ACAS designating him as 'my representative' without qualification.
Compromised by the binding COT3 settlement agreement reached through ACAS conciliation. The tribunal held that oral agreement communicated through an ACAS conciliator is binding without need for signed documentation, per Gilbert v Kembridge Fibres Ltd.
This claim relating to health and safety grounds under s.44 ERA was compromised by the COT3 settlement. The tribunal rejected arguments that the settlement was incomplete due to missing bank details, finding these were trivial matters that did not affect the essential agreement.
Facts
The claimant, a Health and Wellbeing Coach, resigned on 1 May 2024 and brought claims including constructive dismissal, race discrimination, victimisation and whistleblowing. She designated Mr Derek Robinson as 'my representative' to ACAS. After negotiations through the ACAS conciliator, the respondent offered £3,500 plus waiver of alleged overpayment on 2 December 2024. On 13 December 2024, Mr Robinson orally accepted this offer in a phone call with ACAS. The claimant subsequently argued this was not binding as she had not authorised the settlement and there was no signed COT3.
Decision
The tribunal held the settlement was legally binding. The claimant gave Mr Robinson ostensible authority by designating him as 'my representative' to ACAS without qualification, in context of responding to settlement offers. Oral acceptance communicated through ACAS creates a binding contract without need for signature. The tribunal found ACAS conciliator Ms Henderson received clear acceptance from Mr Robinson on 13 December, preferring contemporaneous email evidence over Mr Robinson's witness statement which contained unexplained inconsistencies. No grounds existed to set aside the agreement for coercion.
Practical note
Unrepresented claimants must be extremely careful when designating someone as their 'representative' to ACAS, as this can create ostensible authority to settle the entire claim without further consultation, and oral acceptance via ACAS is binding without a signed COT3.
Legal authorities cited
Statutes
Case details
- Case number
- 3305332/2024
- Decision date
- 23 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Health and Wellbeing Coach
Claimant representation
- Represented
- No