Claimant v Crystal Springs Consumer Division Limited

Outcome

Facts

The claimant worked for the respondent from October 2021 to February 2024. Following workplace disputes with colleagues, an informal warning about inappropriate messaging in October 2023, and a grievance raised against him, the respondent offered a settlement agreement on 23 October 2023 as an alternative to a grievance investigation. The claimant rejected the offer and subsequently made counter-offers. Mediation occurred in January 2024 before the claimant's dismissal in February 2024. The claimant brought claims for unfair dismissal and disability discrimination.

Decision

The tribunal ruled that references to the 23 October 2023 meeting and all subsequent without prejudice settlement negotiations are inadmissible in the unfair dismissal claim under section 111A ERA and privileged in the disability discrimination claim under the without prejudice rule. There was no improper conduct or unambiguous impropriety by the respondent. The substantive claims remain listed for final hearing in July 2025.

Practical note

Legal authorities cited