Patel v City of Wolverhampton College

A post-judgment ACAS conciliation agreement which compromises all causes of action pursued in the Employment Tribunal will ordinarily make an appeal concerning the earlier tribunal decisions academic. The Employment Appeal Tribunal retains jurisdiction to entertain such an appeal, but should not do so without a sufficient reason, such as a point of general importance.

An extension of time remains discretionary even where illness provides a good explanation for delay. It may properly be refused where the proposed appeal is academic and cannot lead to effective relief. A challenge to set aside an apparently valid conciliated agreement on common law or equitable grounds cannot be determined within the statutory appeal; it requires separate proceedings in the High Court or County Court.

The Claimant brought Employment Tribunal claims arising from her dismissal, including unfair dismissal, discrimination, whistleblowing, wages and holiday-pay claims. Following case-management failures, the Tribunal refused adjournments, struck out parts of the claim in a judgment sent on 20 March 2015, and refused reconsideration on 9 April 2015.

One appeal against the earlier judgment was filed one day late. The other, against the reconsideration judgment, was in time. After both judgments and the filing of the appeals, the parties reached an ACAS conciliation agreement compromising the Tribunal claims and other employment-related claims. The central issues were whether time should be extended, whether either appeal should proceed despite the agreement, and whether the Employment Appeal Tribunal could set the agreement aside.

1. The appeal against the reconsideration judgment was dismissed, and the extension of time for the appeal against the 20 March 2015 judgment was refused. Although the Claimant's one-day delay was substantially caused by ill-health and provided a good explanation, an extension was not automatic. The discretion had to be exercised by weighing all relevant circumstances.

2. The ACAS Agreement compromised all causes of action advanced in the Employment Tribunal. Its scope was not confined to the Respondent's costs application merely because it did not refer expressly to the appeals. Success in either appeal could not lead to a remittal for determination of the underlying claims, which had already been compromised. The appeals were therefore academic.

3. The Tribunal retained jurisdiction to hear an academic appeal, as illustrated by IMI Yorkshire Imperial Ltd v Olender & Others [1982] ICR 69. However, the Claimant raised no point of general importance or other sufficient reason to justify a Full Hearing. Her complaints about adjournment, strike-out, health and former representation were fact-specific.

4. Applying Freeman v Sovereign Chicken [1991] ICR 853, the Tribunal could not set aside the facially valid ACAS Agreement within a statutory appeal from the Employment Tribunal. A challenge based on alleged unfair or unlawful conduct in procuring the agreement was a matter for a separate High Court or County Court action. The agreement post-dated the challenged Tribunal judgments and had not itself been considered by the Tribunal.

• Employment Appeal Tribunal: The appeal against the reconsideration judgment was dismissed. The Tribunal refused to extend time for the appeal against the earlier judgment.

• Employment Tribunal: A judgment sent on 20 March 2015 refused adjournment and struck out parts of the claim. Reconsideration was refused by a judgment sent on 9 April 2015.