G Cole v Elders' Voice [2020] UKEAT 0251_19_2611 (26 November 2020)

G Cole v Elders' Voice [2020] UKEAT 0251_19_2611 (26 November 2020)

The Tribunal erred in law by refusing to consider without prejudice material when misrepresentation and estoppel were raised, as exceptions to the without prejudice rule applied. The Tribunal also failed to provide appropriate assistance to a litigant in person. The preliminary issue decision was set aside and the...

Source-derived case information.

Citation
[2020] UKEAT 0251_19_2611
Parties
Appellant/claimant: Mrs Gloria Cole; Respondent: Elders' Voice
Jurisdiction
United Kingdom
Judgment Date
26 November 2020
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Preliminary Issue Decision
Outcome
Appeal allowed; Tribunal decision set aside; case remitted to a differently constituted Employment Tribunal.
Legal Topics
COT3 Agreements, Misrepresentation, Estoppel, Without Prejudice Rule, TUPE Transfers, Jurisdiction, Litigants in Person
Employment Law COT3 Agreements Misrepresentation Estoppel Without Prejudice Rule TUPE Transfers Jurisdiction Litigants in Person

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Summary, issues, holding and outcome

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Parties

Mrs Gloria Cole

Appellant/claimant

Elders' Voice

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Preliminary Issue Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to consider without prejudice material in determining the validity of a COT3 agreement
  2. 2 Whether the COT3 agreement could be challenged on grounds of misrepresentation or estoppel
  3. 3 Whether the Tribunal failed to provide appropriate assistance to a litigant in person

Ratio Decidendi

The Tribunal erred in law by refusing to consider without prejudice material when misrepresentation and estoppel were raised, as exceptions to the without prejudice rule applied. The Tribunal also failed to provide appropriate assistance to a litigant in person. The preliminary issue decision was set aside and the case remitted to a differently constituted Tribunal.

Court Disposition

Appeal allowed; Tribunal decision set aside; case remitted to a differently constituted Employment Tribunal.

Orders

  • The preliminary issue decision is set aside.
  • The case is remitted to a differently constituted Employment Tribunal for reconsideration.