What if I (or my Union on my behalf) have made an appeal to the Employment Tribunal?
For those staff (or their Union on their behalf) that have gone a step further than putting in a claim to ACAS and have appealed to the Employment Tribunal (ET) in order to protect their position/claim, for those that agree to accept their personal offer and sign their COT3 they or their Union must withdraw this appeal with the ET.
Please check clauses 3 and 4 of your COT3 which explains that any ET appeals must be withdrawn, or, any prospective claims to the ET are fully settled by signing the COT3.
If you have made a claim to the ET but your COT3 states that it is a ‘prospective claim’ this will be because we have not yet been notified by the ET that you have made an appeal. Again, the onus is on you to withdraw your ET appeal.
You can withdraw your ET appeal by emailing the ET at the following email address: LondonSouthET@justice.gov.uk and explain that a binding agreement has been reached. When doing so please ensure that you cc Dawn Lelliott into this email ( DLelliott@lambeth.gov.uk ). An example template email which can be used is below:
‘Dear Tribunal,
*Claimant name* v Lambeth Council/ *Claimant School name* - *Case No.* [found on your ET paperwork]
Lambeth Council Term Time Only Backpay Case
As an update this case has been settled. I am attaching the COT3 which has been offered by the respondent and signed by the claimant. This COT3 settles this appeal to the ET. There is no need for any party to file evidence etc. or need for any hearing to go ahead.
Please can this appeal be withdrawn and the hearing removed from the ET’s timetable.
I can confirm that the respondent’s representative Dawn Lelliott has been copied into this email.
Kind regards
XXXXXX’
If you have an ET claim please ensure you attach your correctly signed COT3 to the above email when sending to the ET.
Failure to notify the ET that a binding agreement has been reached could end up wasting your own time, your Union’s time, Lambeth Council’s time and Her Majesty’s Court and Tribunal Service (HMCTS) time as directions must be complied with such as submitting evidence, and eventually a hearing will go ahead if the ET is not notified that the parties have reached a settlement.