Ms Katrina Williamson v British Gas Trading Limited — 2023

The claimant had previously brought a 2020 Employment Tribunal claim against the respondent, asserting unfair dismissal and Equality Act claims. That claim was settled by a COT3 agreement reached through ACAS conciliation. The later 2022 claim concerned the respondent advising the claimant on 24 June 2022 that her application for a Customer Service Advisor role would not proceed further.

The claimant brought claims of direct disability discrimination, including asserted associated disability, and victimisation. For victimisation she relied on the 2020 Tribunal claim as the protected act. For direct discrimination she relied on comparators who had not signed a COT3 agreement following Tribunal proceedings.

The Tribunal considered the wording of the COT3 and authorities on the construction of settlement agreements. It held that the agreement extended to future claims arising out of or connected with the claimant's employment or its termination, whether or not such claims existed or were known or contemplated at the date of the agreement. It concluded that both current claims depended on the earlier employment, termination, COT3, or 2020 Tribunal claim, and that the COT3 excluded the Tribunal's jurisdiction. The claims were therefore dismissed without determination of their substantive merits.