In person (with an interpreter) For the v Respondent — 2023

Claim number 3323445/2021 was presented on 7 December 2021 and the reasons record that it included race discrimination, harassment and arrears of pay for time worked while on suspension and on sick leave. The respondent made an ACAS settlement offer on 24 February 2022 for £2,803.13 in full and final settlement, subject to COT3 wording, and ACAS emails on 2 to 4 March 2022 recorded that the claimant agreed the settlement proposal and that the case had been settled.

The claimant later said he did not wish to be bound by the COT3 and on 30 May 2022 presented claim number 3306398/2022, complaining about three clauses in the settlement agreement. The judge found that on 4 March 2022 the claimant, through ACAS, had reached a legally binding settlement of the first action, that he had not been misled, and that he had had every opportunity to understand the terms. The tribunal also found that the second claim did not present a matter within its jurisdiction, had no reasonable prospect of success and was vexatious. Both claims were therefore struck out.

At the end of the hearing the respondent applied for costs of £850, being Mr Way's brief fee excluding VAT. The judge accepted that the claimant had been repeatedly told by ACAS that a legally binding agreement had been reached and could not be undone, but had nevertheless persisted in trying to set aside the COT3. The tribunal found that conduct vexatious and unreasonable and ordered the claimant to pay £850 in costs.