Mr D Dean v Dairy Crest Limited — 2019

Mr Dean brought claims for unfair dismissal and disability discrimination after five years as a production maintenance engineer with Dairy Crest Limited. The respondent said the claims had already been settled through ACAS, and the hearing on 2 October 2019 was dealt with as a preliminary issue of jurisdiction. The tribunal heard evidence from Mr Dean, considered the respondent's documents, and focused in particular on the email exchanges of 11 and 12 July 2019 and the draft COT3 text.

The tribunal found that Mr Dean had instructed Mr Small of Unite to negotiate on his behalf and that settlement discussions had been ongoing by June 2019. It accepted that the COT3 text included a cash payment of £24,393 and an additional term for the respondent to pay for the claimant's ongoing private counselling until 31 July 2019. On the evidence, the tribunal found it implausible that Mr Small had agreed those terms without Mr Dean's authority, and it did not accept the claimant's account that he had not been told about the settlement terms or had not agreed them.

Applying the principle that an ACAS conciliated agreement can settle unfair dismissal and discrimination claims without a signed written agreement, the tribunal held that a binding oral agreement had been reached through ACAS between Mr Small for the claimant and Ms Glossop for the respondent. It accepted the ACAS conciliator's statement that a binding and enforceable agreement existed between the parties. The tribunal therefore held that it had no jurisdiction to hear the claims and dismissed both claims.