Miss M Jones v Cygnet (OE) Limited — 2020

The tribunal heard a preliminary issue only: whether Miss M Jones was bound by a COT3/settlement arranged through Unison and ACAS so that her claims against Cygnet (DH) Limited were settled. It admitted three late documents from the claimant, refused to admit the unredacted without prejudice correspondence, and heard evidence from the claimant and Alex Russell. The tribunal accepted the claimant's evidence that she had told the respondent during the redundancy consultation and appeal that she had instructed her own solicitor, had asked to be represented by that solicitor, and had later told Unison that she no longer wanted it to act for her.

The tribunal found that the COT3 itself was a valid agreement in the contractual sense and that the agreed wording purported to settle all claims for £750. However, applying the authorities it cited on actual and ostensible authority, it held that Unison did not have actual authority to settle on the claimant's behalf. It also held that Unison did not have ostensible authority because the respondent had been put on notice that the claimant was dealing with her own solicitor and not relying on the union, and the respondent's internal failure to check with HR colleagues did not establish authority.

On that basis, the COT3 did not operate to settle the proceedings. The tribunal held that the claimant's claims were not struck out and that the Employment Tribunal retained jurisdiction to hear them at a full merits hearing. No monetary remedy was awarded at this stage, and the £750 settlement sum was not paid.