Mr M Ibeziako For the First v Respondent — 2019

The claim form presented on 20 December 2018 alleged sex and race discrimination, harassment and victimisation under the Equality Act 2010. At the preliminary hearing on 1 July 2019, the issue was whether the parties had reached a binding settlement through ACAS before the hearing. The tribunal recorded that the claimants had been given further time to prepare evidence and submissions on that point.

The tribunal found that the claimants had first made an offer to withdraw the claims on the basis that all parties would bear their own costs, and that this counter-offer was repeated through ACAS on 27 March 2019, 3 April 2019 and 11 April 2019. The respondents then accepted that wording without caveat on 17 April 2019. The later exchanges, including revisions sent through ACAS after that date, were held not to affect the concluded agreement.

Applying section 144 and section 120 of the Equality Act 2010, and relying on Gilbert v Kembridge Fibres and Allma Construction Ltd v Bonner, the tribunal concluded that a legally binding ACAS-assisted settlement had been reached on 17 April 2019. It held that the agreement covered withdrawal of the claims and each party bearing its own costs. Because the settlement had been reached with the assistance of a conciliation officer, the tribunal held that it no longer had jurisdiction to hear the claims.

The claims were therefore dismissed. No separate monetary award was made, because the tribunal did not determine the discrimination, harassment or victimisation allegations on their merits and dealt only with the jurisdictional effect of the settlement.