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Thursday, August 20, 2026

EAT confirms a tribunal cannot make a consent order after a party withdraws their consent before the order is made - vwv.co.uk

Background

In Edward v North London NHS Foundation Trust, the claimant was dismissed and brought a successful victimisation claim. Following a successful appeal, some issues in the litigation were remitted for hearing.

Before the remitted hearing took place, the parties agreed terms for a consent order providing for an increased award and an additional payment in full and final settlement of the claim. The draft order also provided for the remedy hearing to be vacated. The claimant confirmed by email to the tribunal that he agreed to settle on those terms.

The hearing was vacated but through human error, the consent order was never made. A legal officer then signed a judgment dismissing the claim on withdrawal.

The claimant then informed the respondent and the tribunal that he no longer agreed to settlement on those terms and would pursue a remedy hearing. The respondent applied for a consent order to be made on the original terms.

The employment judge revoked the erroneous dismissal but at a later hearing made an order reflecting the original terms and expressed as being by consent. The claimant appealed.

EAT decision

The EAT allowed the appeal and quashed the consent order.

The central issue was whether the tribunal could make an order where both parties had previously agreed the terms, but one party had withdrawn consent before the order was made. The EAT held that it could not.

The natural meaning of a consent order is that both parties consent to the tribunal making...



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