Claimant v London Tara Hotel Limited t/a Copthorne Tara Hotel
Outcome
Individual claims
Claim dismissed because claimant did not have 2 years' continuous service required to bring ordinary unfair dismissal claim. Claimant only worked from October to December 2022, approximately 2 months. Claim would also have been dismissed for being brought 16 months out of time and struck out as vexatious due to prior COT3 settlement covering this employment period.
Notice pay claim dismissed as brought outside 3-month time-limit. Dismissal was in December 2022, claim not brought until July 2024, nearly 16 months late. Tribunal not satisfied it was not reasonably practicable to bring claim in time, particularly given claimant had brought another tribunal claim in February 2023. Claim would also have been struck out as vexatious due to prior COT3 settlement.
Facts
The claimant worked for the respondent hotel for approximately 2 months in 2022 (October to December). She was dismissed and felt it was unfair, claiming she had been accused of rudeness to a customer. She did not bring tribunal proceedings until July 2024, nearly 19 months after dismissal. She had previously brought a different claim in February 2023 relating to earlier employment, which she settled via COT3 in April 2023 for £750 in full and final settlement of all claims against the respondent.
Decision
The tribunal dismissed both claims. The unfair dismissal claim failed because the claimant lacked the required 2 years' continuous service. Both claims were also dismissed as out of time, brought 16 months late, with the tribunal finding it was reasonably practicable to bring them in time given the claimant had brought another claim in early 2023. Additionally, both claims would have been struck out as vexatious because they were covered by the April 2023 COT3 settlement agreement which barred claims arising from the claimant's employment with the respondent.
Practical note
COT3 settlements with broad 'full and final settlement' wording can bar subsequent claims relating to employment periods that ended before the settlement was signed, even if those specific claims were not mentioned in the earlier tribunal proceedings.
Legal authorities cited
Statutes
Case details
- Case number
- 6004893/2024
- Decision date
- 12 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 2 months
Claimant representation
- Represented
- No