M Miller v Greggs PLC

The Employment Appeal Tribunal recorded that appeals against a dismissal notice, a Rule 38(2) judgment and a reconsideration decision were allowed by consent. The respondent accepted that allegations of dishonesty or scandalous conduct had been made incorrectly and that corresponding findings in the Rule 38(2) judgment were incorrect. Following settlement, the claims were dismissed. The judgment determines no contested point of law.

The appellant appealed against a notice of dismissal dated 9 November 2022, a Rule 38(2) judgment dated 10 January 2023, and the reconsideration decision concerning that judgment dated 2 August 2023.

After discussions concerning IT evidence, the respondent accepted that its allegations of dishonesty and/or scandalous conduct were incorrectly made. It also accepted that any Tribunal findings to that effect in the Rule 38(2) judgment were incorrect. The appeals were allowed by consent, and the parties then reached terms of settlement.

1. The appeals were allowed by consent.
2. The respondent accepted, following discussions about IT evidence, that all allegations of dishonesty and/or scandalous conduct had been incorrectly made.
3. The respondent further accepted that any findings to that effect in the Rule 38(2) judgment of 10 January 2023 were incorrect.
4. As settlement terms had been reached, the claims were dismissed.

The judgment contains no determination of a contested legal issue.

• Employment Appeal Tribunal: Appeals against the notice of dismissal, the Rule 38(2) judgment and the reconsideration decision were allowed by consent in [2025] EAT 21. The claims were subsequently dismissed following settlement.
• Employment Tribunal: Notice of dismissal dated 9 November 2022; Rule 38(2) judgment dated 10 January 2023; reconsideration decision dated 2 August 2023.