Zinda v Ark School [2015] EWCA Civ 1596 (28 July 2015)

Zinda v Ark School [2015] EWCA Civ 1596 (28 July 2015)

The Employment Tribunal correctly held it had no jurisdiction to consider claims already settled by a valid compromise agreement, and section 10 of the Unfair Contract Terms Act 1977 does not render such agreements void when they comply with section 203 of the Employment Rights Act 1996.

Source-derived case information.

Citation
[2015] EWCA Civ 1596
Parties
Applicant: Zinda; Respondent: Ark School
Jurisdiction
England and Wales
Judgment Date
28 July 2015
Procedural Posture
Appeal / Renewed Application for Permission to Appeal to Court of Appeal From Employment Appeal Tribunal
Outcome
Renewed application for permission to appeal refused
Legal Topics
Compromise Agreements, Unfair Dismissal, Jurisdiction of Employment Tribunal, Unfair Contract Terms Act 1977, Entire Agreement Clauses
Employment Law Contract Law Compromise Agreements Unfair Dismissal Jurisdiction of Employment Tribunal Unfair Contract Terms Act 1977 Entire Agreement Clauses

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Summary, issues, holding and outcome

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Parties

Zinda

Applicant

Ark School

Respondent

Procedural Posture

Appeal / Renewed Application for Permission to Appeal to Court of Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal had jurisdiction to consider claims previously settled by a compromise agreement
  2. 2 Whether the compromise agreement was void under section 10 of the Unfair Contract Terms Act 1977
  3. 3 Whether the compromise agreement satisfied the requirements of section 203 of the Employment Rights Act 1996

Ratio Decidendi

The Employment Tribunal correctly held it had no jurisdiction to consider claims already settled by a valid compromise agreement, and section 10 of the Unfair Contract Terms Act 1977 does not render such agreements void when they comply with section 203 of the Employment Rights Act 1996.

Court Disposition

Renewed application for permission to appeal refused