Industrious Ltd v Horizon Recruitment Ltd & Anor [2009] UKEAT 0478_09_1112 (11 December 2009)

Industrious Ltd v Horizon Recruitment Ltd & Anor [2009] UKEAT 0478_09_1112 (11 December 2009)

The Employment Tribunal has jurisdiction to determine whether a compromise agreement is unenforceable due to misrepresentation, even if the agreement complies with section 203(3) of the Employment Rights Act 1996.

Citation
[2009] UKEAT 0478_09_1112
Parties
Appellant: Martello Professional Risks Limited & Others; Second Respondent: Jane Vincent; First Respondent: Horizon Recruitment Limited
Jurisdiction
United Kingdom
Judgment Date
11 December 2009
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Compromise Agreements, Employment Tribunal Jurisdiction, Misrepresentation, Section 203 Employment Rights Act 1996

Case Brief

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Parties

Martello Professional Risks Limited & Others

Appellant

Jane Vincent

Second Respondent

Horizon Recruitment Limited

First Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

  1. 1 Does the Employment Tribunal have jurisdiction to determine whether a compromise agreement is unenforceable due to misrepresentation, even if it complies with section 203(3) of the Employment Rights Act 1996?

Ratio Decidendi

The Employment Tribunal has jurisdiction to determine whether a compromise agreement is unenforceable due to misrepresentation, even if the agreement complies with section 203(3) of the Employment Rights Act 1996.

Court Disposition

appeal dismissed

Orders

  • The Employment Tribunal has jurisdiction to determine the enforceability of the compromise agreement.