The Claimant had succeeded in a claim for unfair dismissal. At a remedy hearing, the EJ had refused his application for reinstatement or re-engagement. She gave oral reasons. The Claimant applied for written reasons pursuant to rule 62 of the 2013 Rules. After that request had been made, the parties settled the Claimant’s claims and the Claimant notified the ET that the claims had been settled and a further remedy hearing was not required. His solicitors subsequently chased for written reasons for the decision on re-employment orders. The EJ declined to provide written reasons on the basis that the proceedings had come to an end via the COT3 agreement. The Claimant appealed.

The EAT allowed the appeal. There is no provision in the Employment Tribunals Rules of Procedure 2013 for a settlement to terminate the entitlement under rule 62. A decision that the written reasons should be provided was substituted.