Case 2400768/2020 · Employment Tribunal
Claimant v Commissioners for HM Revenue & Customs — 2021
- Case reference
- 2400768/2020
- Decision date
- 26 January 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Batten Date
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningThe claimant had withdrawn all claims on 1 December 2020 after reaching an ACAS COT3 settlement with the respondent. A judgment dismissing the claim on withdrawal was sent to the parties on 26 January 2021. The claimant later applied for reconsideration, arguing that the respondent had misrepresented or breached a term concerning his return to a Business Manager for Reviews role.
The tribunal refused reconsideration. It found no reasonable prospect that the dismissal judgment would be varied or revoked, because the withdrawal had been clear, unequivocal and unambiguous, and rule 52 required dismissal following withdrawal unless specified exceptions applied. The tribunal also found it was not appropriate in the reconsideration application to adjudicate the validity or implementation of the COT3.
The tribunal considered the interests of justice, finality in litigation, possible prejudice to the respondent, and the claimant's delay in raising the matter. It concluded that any recourse for an alleged breach of the COT3 lay elsewhere, and that any new post-settlement conduct could be pursued separately if appropriate, but the settled claim could not be reopened on the same facts.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The claim was withdrawn after an ACAS COT3 settlement and then dismissed on withdrawal under rule 52. The reconsideration application was refused; there was no merits determination of the discrimination allegations. | Settled | Disability | — |
Legal tests applied
9 references- Rule 72(1) Employment Tribunals Rules of Procedure 2013
- rule 70 interests of justice
- rule 51 Employment Tribunals Rules of Procedure 2013
- rule 52 Employment Tribunals Rules of Procedure 2013
- cause of action estoppel
- CPR rule 38.7
- Khan v Heywood and Middleton PCT
- Campbell v OCS Group
- Cole v Elders' Voice
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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