Employment tribunal (mutual termination settlement)

[Riddy95]

Hi I was wondering if clarification could be provided please.

When I signed my job contract, I did not disclose both my disabilities on the health questionnaire. I just ticked NO. however I was suffering with on and off symptoms so decided it didn't need to be disclosed. I did eventually have to disclose both disabilities a couple years later, as it had gotten worse and begun affecting my performance.

Now in the tribunal hearing, they said that I lied by not disclosing this 3 years ago. Could I get sacked for this reason after the tribunal hearing? Do they have a any ground of law to sack me for not being honest on my health questionnaire?

[Riddy95]

Hi guys

[ULA]

There is not a straight forward answer to this as potentially, giving false statements on the questionnaire could constitute misconduct and may justify dismissal. However, in doing so there is a risk for the employer as they would need to prove that the decision to dismiss was based on the untruthful responses to the health questionnaire, rather than anything related to poor attendance or performance etc which may be the result of your disability.

There would have to be a lot of factors that a tribunal would have to take into account if this situation happened and a claim was made.

[Riddy95]

Hi thanks for your response. Does it make a difference that this was only discovered at the tribunal hearing? It was the respondents barrister that said that I had lied, when in fact I did not properly pay attention to the questionnaire.

I filled in the questionnaire in 2017 on my contract.

I was under the assumption that anything taken from a tribunal cannot be used against me outside of the tribunal?

Please clarify, thanks. I am paranoid, they have not indicated that this is what they will be doing but they are a major company.

[ULA]

Rule 31.22of the Civil Procedure Rules which have an impact on ET proceedings sets out that:

(1) A party to whom a document has been disclosed may use the document only for the purpose of the proceedings in which it is disclosed, except where,

(a) the document has been read to or by the court, or referred to, at a hearing which has been held in public;

(b) the court gives permission; or

(c) the party who disclosed the document and the person to whom the document belongs agree.

A final hearing, unless there are specific circumstances, will be held in public.

[Riddy95]

Thank you, if I was offered a settlement and I am awarded less than the settlement at the hearing, can the respondent claim it back, they only labelled the communication on a without prejudice subject to contract basis, not save as to costs.

Thanks

[ULA]

Sorry I am not sure that I completely understand your question.

If you were offered a settlement before the hearing which was greater than the settlement awarded by the Tribunal and you did not accept it, then it will now be the Tribunal award that will be made to you.

How that offer was titled i.e. "without prejudice subject to contract" just means that the contents of that communication cannot be referred to during any Tribunal proceedings.

If I have misunderstood your question then please can you clarify.

[Riddy95]

Sorry I did not make my question clear.

I was offered a settlement by the respondent on a WP STC basis, few weeks before hearing.

During the hearing, the respondent again asked me to consider the offer they made on a WP basis, and he specifically said "you should consider this offer because if tribunal award less than the amount we offered, we may ask the tribunal to deduct legal costs from the award from the date of the offer"

I have been awarded costs 2k Lower than offered by respondent, do they have any ground to claim for legal costs?

At no point throughout the offers did they state it is made WP save as to costs. So as far as I'm aware they cannot disclose the settlement, and if they did it wouldn't make a difference because it was WP, am I right?

The only time it was indicated that they may ask for costs was during hearing, and only if I was awarded less.

During the deciding of the costs, the respondent did not disclose the settlement or anything about the award, would they usually ask the tribunal to consider costs or disclose settlement during the award hearing?

Hope that makes it clear.

Thanks!

[ULA]

If you were "offered a settlement by the respondent on a WP STC basis, few weeks before hearing" and that was the same offer the respondent asked you to reconsider during the hearing then it can be disclosed to the tribunal where the issue of legal costs is being determined.

Under the Tribunal rules "A party may apply for a costs order or a preparation time order at any stage up to 28 days after the date on which the judgment finally determining the proceedings in respect of that party was sent to the parties."

[Riddy95]

But WP STC, is subject to contract, not SATC?

So I should be protected by the WP rule?

[ULA]

The WP rules applies to the respondent not being able to disclose the settlement offer during the Tribunal hearing. However, that would not preclude the respondent making an application for a costs order in regard to the defence of the claim. It would then be up to the Judge to decide whether the claim had any merit.