Redundancy dismissal and disability claim settled at tribunal hearing
A former employee who brought claims of unfair dismissal and disability discrimination against Capita Business Services Limited reached a settlement at the final hearing, avoiding a full trial.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed by the respondent and was dismissed by reason of redundancy.
- The claimant brought complaints of unfair dismissal and disability discrimination.
- At a preliminary hearing on 14 July 2021, some complaints were allowed to proceed and others were dismissed as out of time.
- At the final hearing on 3-4 April 2023, the parties reached a settlement via a COT3 agreement.
- The tribunal stayed the claim for four weeks pending confirmation of the settlement.
Timeline
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Effective date of termination
The claimant's employment was terminated on this date.
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Preliminary hearing
Employment Judge Brian Doyle held a preliminary hearing to determine time limits and case management.
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Final hearing day 1
The final hearing commenced before Employment Judge Mark Butler and two members.
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Final hearing day 2
The hearing continued and the parties reached a settlement.
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Judgment issued
Employment Judge Mark Butler issued a judgment recording the settlement and staying the claim.
The legal issue
The tribunal had to decide whether the claimant's complaints of unfair dismissal and disability discrimination related to a redundancy exercise were brought in time, and whether to extend time for late complaints. At the final hearing, the issue was whether the claim had been settled.
The outcome
The tribunal recorded that the parties had reached a settlement via a COT3 agreement on the second day of the final hearing. The claim was stayed for four weeks to allow the settlement to be confirmed.
No compensation was awarded by the tribunal as the case did not proceed to a judgment on the merits. The terms of the settlement are confidential.
Lessons & takeaways
- Settlement can occur at any stage, even during the final hearing, which saves time and costs but may leave the merits unresolved.
- Bringing claims in time is critical; the tribunal dismissed some disability discrimination complaints as out of time and refused to extend the deadline.
- Representing yourself is possible but challenging; the respondent had legal counsel, which may have influenced the settlement dynamics.
This case illustrates how employment tribunal claims can be resolved by settlement even after a final hearing has begun. The former employee, who was made redundant by Capita Business Services Limited, alleged that his dismissal was both unfair and an act of disability discrimination. At a preliminary hearing, some of his discrimination complaints were dismissed as out of time, but the core redundancy-related claims were allowed to proceed.
When the final hearing started in April 2023, the parties were able to negotiate a settlement using a COT3 agreement — a legally binding compromise agreement overseen by the tribunal. This meant the tribunal did not have to decide whether the redundancy process was fair or whether disability discrimination had occurred. The case was stayed for four weeks to allow the settlement to be completed.
What this means for similar claims
For anyone considering a claim, this case highlights the importance of acting quickly: the tribunal refused to extend time for some complaints, meaning they were lost entirely. It also shows that settlement is a realistic option even late in the process, which can avoid the stress and uncertainty of a full hearing. However, the terms of such settlements are usually confidential, so the public record does not reveal what the employee received.
Capita, as the respondent, may have chosen to settle to limit legal costs and avoid the risk of an adverse finding. For employees, having legal representation — the claimant here was unrepresented — can be a significant advantage when negotiating or arguing a case.
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