The employment tribunal in this case took the unusual decision that the employer victimised the claimant when it allowed an Acas conciliation officer to forward her an email questioning her abilities and suggesting that she would never be promoted because of weaknesses in her literacy skills.
In Clarke and others v Redcar and Cleveland Borough Council; Wilson and others v Stockton-on-Tees Borough Council [2006] IRLR 324 EAT, the Employment Appeal Tribunal holds that there is no duty on an Acas conciliation officer to advise on the merits of a claim before the employee enters into a binding settlement via a COT3 agreement.