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EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 2 December 2009 Judgment delivered on 11 December 2009 Before
INDUSTRIOUS LTD APPELLANT (1) HORIZON RECRUITMENT LTD (IN LIQUIDATION) (2) MRS J VINCENT RESPONDENT
Section 203(1) of the Employment Rights Act 1996 ("ERA") deems as void provisions, which preclude a party from bringing proceedings before an Employment Tribunal, save in respect of agreements which satisfy certain specific requirements, which are set out in section 203(3) of ERA. Does that Employment Tribunal have jurisdiction to determine whether a compromise agreement is unenforceable because of misrepresentation?
The Employment Tribunal does have jurisdiction to determine if a compromise is unenforceable.
Eden v Humphries & Glasgow [1981] ICR 183; Larkfield of Chepstow Limited v Milne and another [1988] ICR 1 and Byrnell v British Telecommunication PLC (UKEAT/0383/04) not followed.
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