London Borough of Islington

Judgment approved by the Court Darlington v London Borough of Islington & Anor. © EAT 2026 Page 1 [2026] EAT 11 Neutral Citation Number: [2026] EAT 11 Case No: EA-2023-000957-DXA EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 13 th January 2026 Before: THE HON. LORD FAIRLEY, PRESIDENT ------------------------ Between: Mrs A Darlington Appellant and London Borough of Islington Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr Jamie Susskind, of Counsel, for the Appellant Mr Alexander Line, of Counsel, for the Respondent Hearing date: 13 January 2026 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the Court Darlington v London Borough of Islington & Anor. © EAT 2026 Page 2 [2026] EAT 11 SUMMARY Practice and procedure; scope of COT3 settlement agreement The appellant was employed by the respondent at a school operated by the respondent. She raised a safeguarding issue and complained to OFSTED about practices at the school. She maintained that her complaints were protected disclosures. She left her employment at the school on 25 May 2021. Following the provision of a negative reference by the school, the appellant caused a letter before action to be sent in which she alleged that she had been subjected to detriment on the ground of having made a protected disclosure. Following negotiations through ACAS, a COT3 agreement was entered into. The parties to the COT3 were the appellant, the Governing Body of the school, and the respondent as her employer. The settlement agreement bore to be in full and final settlement of all and any claims which the appellant “has or may have in the future against the School, the Employer or any of its governors, officers or employees whether arising from the employment with the Employer, its termination or from events occurring after this agreement...