Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

redmans-blog-analysisIn the case of Glasgow City Council v Dahhan UKEATS/0024/15/JW the Employment Appeal Tribunal found that the Employment Tribunal does has jurisdiction to set aside a settlement agreement on the ground that it is invalid because a party to the agreement did not have sufficient mental capacity at the time the agreement was concluded.

The claimant in the case, Mr Dahhan, brought claims for direct discrimination, harassment, and victimization on the grounds of race against his employer, Glasgow City Council. On 20 June 2014 the Employment Tribunal was advised that the parties had settled the matter and that Mr Dahhan wished for his claims to be withdrawn and dismissed. The Employment Tribunal therefore dismissed the claims in a judgment dated 24 June 2014. Despite this, on 9 July 2014 Mr Dahhan wrote to the Employment Tribunal stating that he had not had mental capacity to instruct his solicitor and make decisions at the time that the settlement agreement had been agreed, and therefore wished to apply for a reconsideration of the judgment dated 24 June 2014.

Glasgow City Council objected to Mr Dahhan’s application for reconsideration and a preliminary hearing was held to consider whether the Employment Tribunal had jurisdiction to set aside the settlement agreement. The Employment Tribunal decided that it did have jurisdiction to set aside the agreement and Glasgow City Council appealed this decision to the Employment Appeal Tribunal.

The Employment Appeal Tribunal dismissed Glasgow City Council’s appeal, noting that under the relevant statute (sections 203 of the Employment Rights Act 1996 and sections 144 to 147 of the Equality Act 2010) a settlement agreement must be valid in both substance and form in order to prevent the Employment Tribunal from hearing an otherwise-valid claim. The Employment Appeal Tribunal referred to its decision in Industrious Ltd v Horizon Recruitment Ltd and anor (which is analysed by Chris Hadrill in this article) as support for its decision that the Tribunal does have the power to set aside a settlement agreement and that this power is conferred on it by the statutory requirement for the Tribunal to determine a settlement agreement’s validity.

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “Settlement agreements have to fulfil certain statutory requirements in order to be valid and to bind the Employment Tribunal – one of these statutory requirements is that the agreement be valid: as addressed in this article, a party can argue that a settlement agreement is invalid if, for example, a party did not have mental capacity at the time of the agreement, if there was undue influence or duress, or if a party was induced to enter into the agreement by fraudulent representation.”

The transcript of the judgment in Glasgow City Council v Dahhan UKEATS/0024/15/JW can be found here.

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.67 Average

66 Reviews

Anonymous

As with All solicitors advice without consequence but understood and communicated my legal position

Posted 6 days ago

Anonymous

Prompt, professional and excellent service.

Posted 1 week ago

Dominic C

Excellent service, prompt and helpful

Posted 1 week ago

Anonymous

I found Redman’s to be very efficient and got me the best deal available in the short time scale that was available.

Posted 2 weeks ago

Victor L

Very professional. Provided excellent advice on my Settlement agreement.

Posted 2 weeks ago

Anonymous

Professional from start to finish.

Posted 2 weeks ago

Oliver W

Excellent service provided by Redmans, will certainly consider using again.

Posted 2 weeks ago

Melanie H

Very professional and extremely personable service. Thank you very much.

Posted 4 weeks ago

Anonymous

I found Chris to be very approachable and easy to speak with about complex matters. He took action quickly and his updates to me, as his client, were prompt. I would recommend Chris and the team at Redmans without hesitation.

Posted 4 weeks ago

Anonymous

Good advice

Posted 4 weeks ago

Anonymous

Overall happy with the service provided by Chris and Rana.

Posted 4 weeks ago

Anonymous

Chris and Rana provide a great service, very informed, diligent and care about your result, would recommend Redmans

Posted 4 weeks ago

David W

A speedy efficient friendly service, I would definitely recommend Redmans Solicitors for processing Settlement Agreements.

Posted 4 weeks ago

Anonymous

Both Rana and Chris were fantastic. From the first phone call I was confident my matter was in good hands. I was not disappointed. I would highly recommend Redmans. Thank you again for all of your support and advice.

Posted 1 month ago

Federico S

Great advices and communication. Through Redmana I obtained match more than what I thought. Highly recommended

Posted 1 month ago

Tom G

A good and efficient service with the required legal advice provided for a settlement agreement.

Posted 1 month ago

Francis T

The solicitor I used was Chris Hadrill, who I found extremely professional and I felt that he made me feel at ease, considering the subject matter he was assisting me with.

Posted 1 month ago

Anonymous

Chris provided excellent assistance with the negotiation of my settlement agreement. From start to finish, I was consitently updated and advised on the best course of action to take. I would highly recommend Chris and Redmans Solicitors.

Posted 1 month ago

Anonymous

They are busy people but manage well so generally I would recommend them.

Posted 1 month ago

Anonymous

Very efficient and professional service from my first phone call making an enquiry. Timescales of the matter in hand were met and within the agreed budget. Would highly recommend Redmans

Posted 1 month ago

Lisa B

Really very good service, always available to answer questions, provide my with any information I needed to make informed decisions.

Posted 1 month ago