Claimant v Unikey Limited
Outcome
Individual claims
The tribunal had no jurisdiction to hear the claim because the parties had entered into a COT3 settlement agreement on 4 March 2024, which was a full and final settlement of the claim. ACAS conciliated settlements preclude the tribunal from deciding the claim.
Facts
The claimant brought an unpaid wages claim in January 2024. After filing but before acceptance, the parties reached a COT3 settlement agreement on 4 March 2024 via ACAS conciliation. However, the respondent later attempted to renegotiate the terms and failed to pay the agreed sum. ACAS notified the tribunal of the settlement in July 2024, but both parties initially denied settlement because payment had not been made. The claimant sought enforcement through the county court.
Decision
The tribunal dismissed the claim on the basis that it had no jurisdiction to determine it. The tribunal was satisfied that a valid ACAS conciliated COT3 settlement had been reached on 4 March 2024, which constituted a full and final settlement of the claim and removed the tribunal's jurisdiction regardless of subsequent non-payment or attempted renegotiation by the respondent.
Practical note
Once parties enter into a valid COT3 settlement agreement, the tribunal loses jurisdiction to decide the claim, even if the respondent later fails to honour the settlement terms or attempts to renegotiate; enforcement must be pursued through the civil courts.
Legal authorities cited
Case details
- Case number
- 3300946/2024
- Decision date
- 8 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Unikey Limited
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No