ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4107907/2024 Held on March 2025 by CVP Employment Judge N M Hosie Mrs J Cruickshank v Represented by: Mr J Robertson, International Fraud & Investigation Services Ltd Construction Industry Training Board — 2018

Mrs J Cruickshank presented a new ET1 on 29 December 2024. She described it as a whistleblowing complaint and also asked the tribunal to set aside a COT3 agreement dated 22 October 2018 and the resulting dismissal judgment so that the original 2016 claims could proceed again. The earlier case had involved unfair dismissal, direct sex discrimination, harassment related to sex, and victimisation; it settled through ACAS in 2018 for £60,090.50, together with an apology and other agreed terms.

The tribunal held that the complaint of misrepresentation did not disclose an actionable misrepresentation. What was alleged was, in substance, that the claimant felt pressured by her legal team and the risk of expenses into signing the COT3. The tribunal noted that she had been legally represented throughout the 2016 case, had obtained Counsel's opinion, had made an offer of £50,000 before settling for more than £60,000, and had signed a detailed written agreement containing a broad discharge of claims. It also noted that there had been no written application to reconsider the 2018 dismissal judgment within 14 days; the only application was an oral one at the hearing on 13 March 2025, more than six years later.

The tribunal struck out the new case under Rule 38(1)(a) of the Employment Tribunal Procedure Rules 2024 as having no reasonable prospect of success. It said that, even if it had been necessary to decide the point, the case would also have been struck out under Rule 38(1)(e) because it was no longer possible to have a fair hearing: the last underlying allegation was in 2015, the passage of time would affect the evidence, witnesses and documents may be difficult to trace, and the respondent would face prejudice. The tribunal also noted that ACAS was not notified of the new case until 10 December 2024, after the representative had first written to the tribunal on 30 May 2024.