Cases→6000430/2024

Claimant v Sainsbury's Supermarkets Ltd

16 January 2025Before Employment Judge WoodheadScotlandon papers

Outcome

Claimant fails

Facts

The claimant's original employment tribunal claim was dismissed under Rule 52 following a settlement agreement reached via ACAS on 28 March 2024. The claimant accepted a settlement offer on a full and final basis, which ACAS confirmed was legally binding. The claimant later regretted this acceptance, particularly because she believed she may have a separate personal injury claim. She applied for reconsideration of the dismissal judgment on 22 November 2024.

Decision

Employment Judge Woodhead refused the application for reconsideration on preliminary consideration under Rule 72(1), finding no reasonable prospect of varying or revoking the original judgment. The judge concluded that there was a binding settlement agreement established through ACAS, despite the COT3 never being formally signed, as the claimant had clearly accepted the offer.

Practical note

A settlement agreement reached through ACAS can be legally binding even without a signed COT3 if the parties have agreed terms and ACAS has confirmed the agreement.

Legal authorities cited

Statutes

Employment Tribunals Rules of Procedure 2013 Rule 52Employment Tribunals Rules of Procedure 2013 Rule 70Employment Tribunals Rules of Procedure 2013 Rule 72(1)

Case details

Case number
6000430/2024
Decision date
16 January 2025
Hearing type
reconsideration
Hearing days
—
Classification
procedural

Respondent

Name
Sainsbury's Supermarkets Ltd
Sector
retail
Represented
No

Claimant representation

Represented
No
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