Cases6005124/2024

Claimant v Elmdene International Limited

21 May 2025Before Employment Judge FergusonBristolremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claim was struck out because it had been compromised in a legally binding COT3 agreement concluded on 2 July 2024. The claimant accepted the settlement on 2 July 2024 but attempted to resile from the agreement on 3 July 2024, which had no lawful basis. The tribunal found no valid grounds for avoiding the agreement.

Holiday Paystruck out

This claim was compromised in the COT3 agreement on 2 July 2024 which expressly covered claims under the Working Time Regulations 1998. The claimant's attempts to avoid the agreement, including allegations of breach and misrepresentation, were rejected by the tribunal as having no factual or legal basis.

Unlawful Deduction from Wagesstruck out

The arrears of pay claim was compromised in the COT3 agreement which covered all claims arising from employment, including claims under the Employment Rights Act 1996. The tribunal found the agreement was binding and precluded the claimant from bringing this claim.

Harassmentstruck out

The claimant's witness statement indicated he was seeking to bring harassment claims. These were compromised in the COT3 agreement which expressly covered claims under the Equality Act 2010. The tribunal found the agreement was valid and binding despite the claimant's allegations of bad faith.

Breach of Contractstruck out

The claimant mentioned breach of health and safety obligations in his witness statement. Any such claims were compromised in the COT3 agreement which covered all claims whether statutory or contractual arising from employment. The tribunal rejected all of the claimant's arguments that the agreement was void or unenforceable.

Facts

The claimant was employed as an assembly worker until 21 May 2024. Following ACAS early conciliation, the parties reached a settlement agreement on 2 July 2024 for £5,550.74 to compromise all claims including unfair dismissal, holiday pay and arrears of pay. The claimant accepted the terms on 2 July 2024 but attempted to withdraw the following day, claiming issues with pension matters. He then presented his claim to the tribunal on 3 July 2024. The claimant never signed or returned the COT3 agreement and the respondent has not paid the settlement sum.

Decision

The tribunal struck out the claim on the basis that all complaints were compromised in the binding COT3 agreement concluded on 2 July 2024. The tribunal rejected all of the claimant's arguments that the agreement was void or unenforceable, including his contentions about lack of signature, bad faith, misrepresentation and breach. The tribunal also awarded costs of £5,550.74 against the claimant, enforceable only by set-off against any amount payable under the COT3.

Practical note

A COT3 agreement does not need to be signed to be binding, and alleged breaches of settlement terms do not render the underlying compromise of tribunal claims void or unenforceable.

Legal authorities cited

Gilbert v Kembridge Fibres Ltd [1984] I.C.R. 188

Statutes

Employment Rights Act 1996 s.203Employment Tribunal Procedure Rules, Rule 74

Case details

Case number
6005124/2024
Decision date
21 May 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
manufacturing
Represented
Yes
Rep type
barrister

Employment details

Role
assembly worker

Claimant representation

Represented
No