Allma Construction Ltd v Bonner (Practice and Procedure : Preliminary issues) [2010] UKEAT 0060_09_1205 (12 May 2010)

Allma Construction Ltd v Bonner (Practice and Procedure : Preliminary issues) [2010] UKEAT 0060_09_1205 (12 May 2010)

A binding settlement agreement was reached on 20 February 2009 when the employer's agent offered £1,000 to settle the claim and the claimant's solicitor accepted that offer. The essentials of a settlement contract were met, and subsequent expectations of further terms or the claimant's change of mind did not affect the validity of the agreement. The involvement of ACAS satisfied statutory requirements, and the Tribunal erred in finding otherwise.

Citation
[2010] UKEAT 0060_09_1205
Parties
Claimant: Claimant; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
12 May 2010
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal upheld; claim dismissed
Legal Topics
Settlement Agreements, Unfair Dismissal, Contract Formation, ACAS Conciliation
Employment Law Contract Law Settlement Agreements Unfair Dismissal Contract Formation ACAS Conciliation

Case Brief

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Parties

Claimant

Claimant

Respondents

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether a binding settlement agreement was reached between the parties
  2. 2 Whether the Employment Tribunal erred in finding no binding settlement
  3. 3 Whether the involvement of ACAS satisfied statutory requirements for ousting Tribunal jurisdiction

Ratio Decidendi

A binding settlement agreement was reached on 20 February 2009 when the employer's agent offered £1,000 to settle the claim and the claimant's solicitor accepted that offer. The essentials of a settlement contract were met, and subsequent expectations of further terms or the claimant's change of mind did not affect the validity of the agreement. The involvement of ACAS satisfied statutory requirements, and the Tribunal erred in finding otherwise.

Court Disposition

Appeal upheld; claim dismissed

Orders

  • The appeal is upheld.
  • The Employment Tribunal's judgment is set aside and replaced with a finding that the claim is dismissed as settled.