Mr J Edward v North London NHS Foundation Trust

The EAT allowed Mr Edward’s appeal and quashed an ET order made by consent. The case returns to the ET to decide the remitted remedy issues.

The Employment Appeal Tribunal allowed Mr Edward’s appeal against an Employment Tribunal order made on 2 October 2024. The ET had made a remedy judgment stated to be by consent after earlier correspondence about proposed settlement terms.

The EAT held that the consent order power in rule 64 of the 2013 Rules now rule 62 of the 2024 Rules cannot be used where a party has told the tribunal before the decision that they no longer consent. The ET knew the claimant no longer consented when it made the order.