Ms S Kovero v International House Bristol Ltd By: VHS — 2022

At a preliminary hearing on 3 March 2022 before Employment Judge Craft, Ms Kovero brought claims of pregnancy and maternity discrimination, victimisation, and constructive unfair dismissal against International House Bristol Ltd. The respondent applied to dismiss the proceedings on settlement, relying on ACAS correspondence from November 2021. The claimant opposed that application and also asked for Mr N Henry to be joined as a second respondent and for her Particulars of Claim to be amended to include victimisation arising from his conduct during settlement discussions.

The tribunal reviewed the ACAS emails and the draft COT3. It found that the claimant had proposed a settlement figure through ACAS, that the respondent had responded with a draft COT3 marked without prejudice and subject to contract, that the claimant sought changes to clause 5 and a reference, and that the respondent replied that its confidentiality terms were not negotiable. The claimant then made clear that she did not accept the clause 5 wording. On that material, the tribunal found the parties were negotiating and had not reached a contractually binding settlement.

Applying s.18C(2) Employment Tribunals Act 1996, s.203(2) Employment Rights Act 1996 and s.144(4) Equality Act 2010, and referring to Allma Construction Ltd v Bonner, the tribunal held that the correspondence fell short of a binding agreement to settle the proceedings. The respondent's application to dismiss on settlement was therefore refused, and the claimant was not precluded from pursuing her complaints. The tribunal also refused to join Mr Henry and refused the amendment to add victimisation based on the without prejudice discussions, making no findings on those discussions. No remedy was awarded.