Cases6012777/2024

Claimant v The Orders of St. John Care Trust

6 January 2025Before Employment Judge AhmedLeicesterremote video

Outcome

Claimant fails

Individual claims

Otherstruck out

The Tribunal found that the Claimant had entered into a valid binding settlement agreement pursuant to section 203 of the Employment Rights Act 1996. The Tribunal therefore did not have jurisdiction to hear the claim and dismissed it on this basis.

Facts

Mr Tapper brought a claim against The Orders of St. John Care Trust. The respondent argued that the Tribunal did not have jurisdiction to hear the claim because the claimant had entered into a settlement agreement. At a preliminary hearing conducted via video, the Tribunal considered whether a valid settlement agreement existed under section 203 of the Employment Rights Act 1996.

Decision

Employment Judge Ahmed found that the Claimant had entered into a valid binding settlement agreement pursuant to section 203 ERA 1996. The Tribunal therefore lacked jurisdiction to hear the claim and dismissed it. No reasons were provided in writing as the judgment was given orally at the hearing.

Practical note

A valid section 203 settlement agreement prevents an employment tribunal from having jurisdiction to hear claims covered by that agreement, even if the claimant subsequently wishes to pursue them.

Legal authorities cited

Statutes

ERA 1996 s.203

Case details

Case number
6012777/2024
Decision date
6 January 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No