Ajaz v Homerton University Hospital NHS Foundation Trust [2023] EAT 142

Background:

The claimant brought claims against the respondent in 2017 on the basis that she had been subject to detriment as a result of protected disclosures that had been made.   The case in 2017 was settled under an ACAS COT3 agreement.  Within that agreement it stated that the claimant would not re-litigate the complaints in the proceedings.   In 2021 the claimant brought further proceedings against the respondent citing new detriments but relating to the original disclosures.   She contended that the detriment took place after the COT3 Agreement.  The issue was whether the claimant could bring the claim.

Outcome:

The Tribunal, at first instance,