MRS L A ELSEY v H L FOODS LTD [2001] UKEAT 0167_01_2006
[1]APPEARANCES For the Appellant MR C QUINN (Of Counsel) Appearing under the Employment Law Appeal Advice Scheme MR JUSTICE NELSON This is a Preliminary Hearing in an appeal against the decision of the Employment Tribunal at Norwich which decided on 13 December 2000 by unanimous decision that the Applicant was unfairly dismissed and by consent the Respondent was ordered to pay her a total compensation sum of £3,000.[2]The basis upon which this appeal has been put forward today by Mr Quinn from ELAAS on the Appellant's behalf is that the only issue in this appeal, although there are many others set out in the letters sent by Mrs Elsey, is the nature of the compromise which was entered into. Mrs Elsey says, that she did not bring her mind to what was said to be assented to, represented as she was by a friend who was also going to be a witness, and somebody who was not legally qualified. The circumstances were such that no compromise was fully entered into.[3]In those circumstances it is said that there is a reasonably arguable point and we, having considered the matter are satisfied that this is so. The sole point which it is appropriate to be considered by a full hearing is this, whether the compromise as to the payment of £3,000 was entered into in circumstances which meant that it was a valid compromise to which the Appellant Mrs Elsey, truly assented. Upon that basis the matter will go to a full hearing.