Case No: 2303160/2023 EMPLOYMENT TRIBUNALS Mr J Da Silva v 1) Getronics Services UK Ltd, 2) Intelligence Resource Ltd, 3) Mr A Holmes and 4) Mr J Patel — 2025

At a two-hour open preliminary hearing on 11 April 2025, Employment Judge Tsamados (sitting alone) determined that none of the claimant's claims could continue. The claims against the first and second respondents had been settled by a COT3 agreement (under which the claimant received £15,000), and the Tribunal held it had no jurisdiction to hear the claims against the third and fourth respondents, who were managers employed by the first respondent and not the claimant's employer. The claims against all four respondents were accordingly dismissed in their entirety.

The judge concluded that the claimant's continued pursuit of claims against the third and fourth respondents had no reasonable prospect of success: there were no viable Tribunal claims against them, and on its terms the COT3 agreement extinguished any possible claims. The claimant had been told this by Employment Judge Atkins at an earlier preliminary hearing and by the respondents' solicitors, and had been put on notice as to costs.

The Tribunal made a costs order against the claimant in the sum of £6,921.50 in favour of the first, third and fourth respondents, finding that it was unreasonable of him to proceed with the claims beyond the signing of the COT3 agreement. The judge declined the respondents' invitation to order repayment of the £15,000 settlement under the COT3 indemnity clause, holding that the Tribunal has no power to enforce a COT3 agreement, which is a matter for the County or High Court.