A Cornwall-based firm ‘sought to capitalise’ upon an error by a former receptionist who mistakenly withdrew her employment tribunal claim, an employment judge has found.
The receptionist, Wendy Wickett, brought a claim of unfair dismissal and disability discrimination against Sproull Solicitors LLP. Settlement negotiations between the parties took place with Acas’ involvement and in December 2024, some 11 days before a listed final merits hearing, a £12,000 settlement was agreed. Draft wording was sent to the claimant. The firm sent a ‘slightly amended’ agreement with corrected typos the following day and included a provision, ‘as proposed by Acas and accepted by the respondent, that the claimant email the tribunal’ withdrawing her claim ‘as part of the terms of settlement’, the employment judgment said.
Wickett withdrew her claim on 9 December and the following day Acas emailed the corrected version of the agreement. That same day, Acas emailed Wickett stating no settlement had been confirmed as legally binding. A second email sent around an hour later confirmed ‘there is no case for Acas to settle as it has been withdrawn’.
Employment Judge Smail said: ‘The claimant did immediately make contact with the tribunal. Acas had also sent a copy of the email to the respondent in which it said there was no case for Acas to settle as it has been withdrawn and the response [the firm’s representative] gave to that was “looks great to me”. It is clear what has happened here, the respondent accepts the claimant made a mistake. She purported to comply with the settlement prior to Acas declaring it binding.
‘The version in relation to which the claimant sent her email to the tribunal withdrawing the claim on the basis the case was settled was identical in substance to the typo corrected version. The claimant purported to accept and act in accordance with the settlement proposed by the respondent as communicated by Acas, by withdrawing her claim to the tribunal.’
The judge criticised the firm which ‘sought to capitalise upon this error’ adding ‘they have not recognised a mistake and honoured the settlement, they have run with the idea that the claimant withdrew her claim so there is no claim for them to deal with’.
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‘In my judgment that is most unattractive, indeed unconscionable opportunism on their part,' the judge found. 'Plainly the claimant thought she was accepting that settlement and made the procedural error of writing to the tribunal, withdrawing her claim before Acas had declared the settlement as binding.’
Though the judge accepted the claim had been withdrawn ‘on the mistaken assumption that the case had settled, he had ‘no hesitation’ in setting aside the judgment dismissing the claim upon withdrawal. ‘This means the claim remains withdrawn; but it does not prevent the claimant if she so wishes to issue a new claim, claiming the same remedies on the same basis,' the judge said.
