Mr Edward Downard v Queen Margaret University — 2026

The claimant presented the current claim on 7 October 2025 alleging unfair dismissal and disability discrimination. At the preliminary hearing on 20 January 2026, the tribunal considered whether the claim should be dismissed because the same matters had already been brought and resolved by a COT3 agreement, and whether it was out of time. The tribunal ultimately determined that the claim was res judicata and that it had no jurisdiction to entertain it.

The tribunal set out the earlier procedural history in detail. The claimant had first brought a disability discrimination and harassment claim in July 2017. That claim was settled in March 2018 by a COT3 under which his employment ended by mutual agreement on 28 February 2018 and he accepted payment in full and final settlement of the First Claim and all other claims, known or unknown, arising directly or indirectly out of his employment or its termination. The First Claim was then withdrawn and dismissed. A later 2023 claim alleging unfair dismissal and disability discrimination was also held to be covered by the COT3, after Judge Hoey concluded that the claimant's solicitor had authority to negotiate and settle on his behalf; that claim was withdrawn and dismissed in May 2024.

The tribunal also referred to a third claim, presented in November 2024, which was dismissed in January 2025 when the claimant made no representations after a rule 28 warning. For the present claim, the tribunal accepted that the claimant had been seriously unwell, but said that did not alter the position because any response would not have gone beyond the points already raised. The tribunal held that the current claim was in substance the same as the earlier claims and that the COT3 satisfied the statutory requirements in section 203(2)(e) of the Employment Rights Act 1996 and section 144(4)(a) of the Equality Act 2010.

The tribunal therefore held that the current claim could not be relitigated. It noted the claimant's continuing concerns about the advice he received from Mr Deans in 2018, but said that the prior findings about authority and settlement meant it had no jurisdiction to entertain the unfair dismissal and disability discrimination claims. The tribunal dismissed the claim and stated that it was not necessary to consider time bar.