Want to talk to an expert employment law solicitor?

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

In the case of Mrs A Cooney v Somerset Care Ltd: ET/1402613/2018 an Employment Tribunal awarded the Respondent £4,000 in costs after it found that the Claimant had unreasonably rejected the offer of a settlement agreement.

The facts in Cooney v Somerset Care Ltd

Mrs Cooney (“the Claimant”) made a claim to the Employment Tribunal for wrongful dismissal and constructive unfair dismissal.

On 28 January 2019 the Respondent made an offer to settle the Claimant’s claims of £6,100. On 12 March 2019 the Respondent made a further settlement offer of £8,000. Both of these settlement offers had been sent with costs warnings, and the Claimant rejected both of these offers.

On 17 April 2019 the Employment Tribunal rejected the Claimant’s claims for wrongful dismissal and unfair dismissal.

The Respondent subsequently made an application for its costs of dealing with the case from 28 January 2019 (amounting to £9,667.2‬0)

The decision of the Employment Tribunal

The Respondent argued that the Claimant’s behaviour in rejecting the settlement offers made was unreasonable, given that her claims were misconceived.

The Claimant argued that she had refused the settlement offers because the proposed COT3 settlement agreement contained provisions which prevented her from bringing a personal injury claim and/or detailed that the Claimant would have to pay back the settlement sums if a third party breached the terms of the settlement agreement.

The Employment Tribunal held that the Claimant’s claims were misconceived, and that the Claimant had behaved unreasonably in bringing them and not accepting the settlement offers.

In relation to the settlement agreement terms proposed, the Employment Tribunal held that:

  • There was no term in the COT3 settlement agreement precluding her from bringing a personal injury claim in the future; and
  • The confidentiality clause in the settlement agreement was a standard non-disclosure clause

The Employment Tribunal held that, on this basis, there was no basis for the Claimant rejecting to the settlement terms proposed in the COT3 settlement agreement drafted by the Respondent’s solicitors.

The Tribunal ordered the Claimant to pay the Respondent’s costs amounting to £4,000.00.

Our solicitors’ comments on Cooney v Somerset Care Ltd

Chris Hadrill, a specialist employment solicitor at Redmans, commented on the case: “Costs orders are not the norm in the Employment Tribunal, but this case serves as a warning to both claimants and respondents alike – parties to litigation must ensure that their claim or defence is not misconceived, and that they do not unreasonably rejected settlement offers made, otherwise they may face the risk of not only losing the claim but also paying the winning side’s costs.”

The decision of the Employment Tribunal in Mrs A Cooney v Somerset Care Ltd: ET/1402613/2018 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

4.78 Average

143 Reviews

Liz P

An excellent professional service was provided by Chris Hadrill and Mel Chin. Efficient and trustworthy - would highly recommend this company.

Posted 2 weeks ago

Anonymous

Redmans Solicitors were great. They were able to advice me quickly and efficiently! I would recommend them, as a good solicitors to use.

Posted 2 weeks ago

Anonymous

Extremely efficient. Mel made a difficult situation bearable and gave good clear guidance thoughout.

Posted 3 weeks ago

Anonymous

Thanks Chris and Sacha I was reassured throughout the process and a happy outcome

Posted 3 weeks ago

Edward F

Good and clear employment advice

Posted 3 weeks ago

Richard O

Chris at Redmans is my go-to legal expert when it comes to employee-related matters. His depth of knowledge, experience and considered approach to problems and their solutions is highly valuable. I cannot recommend Redmans highly enough.

Posted 1 month ago

Rory Y

They provide me with timely and clear advice!

Posted 1 month ago

Steven C

Redmans handled my settlement with my employer quickly, decisively and to a standard that I was very happy with. I would in similar circumstances contract them again

Posted 1 month ago

Deepthi K

Transparent. Clear communication. Prompt reply’s. Saves lot of time. Very satisfied.

Posted 1 month ago

Anonymous

Chris and Sacha did a fantastic job and negotiated a significant better settlement agreement

Posted 1 month ago

Dino D

I did get a very swift and god service from Redmans

Posted 1 month ago

Stephanie H

Clear, prompt, effective support from Chris which has been very much appreciated. Thank you again.

Posted 1 month ago

Anonymous

I would highly recommend Redmans Solicitors, the team were very friendly and my case was dealt with professionally and efficiently. Thank you!

Posted 2 months ago

Shane M

Very professional, welcome advice at a crucial time. Always available and reasonable cost.

Posted 2 months ago

Anonymous

My case was relatively straight-forward. But even so, working with Redmans was easy, quick, professional & clear. Many thanks

Posted 2 months ago

Anonymous

The team were very helpful and answered all my questions regarding my redundancy. Initially I had a call with one of the representatives who escalated my request to a suitable employment solicitor. We arranged a call to discuss the settlement and she helped answer all my questions. We then mainly contacted through email which helped resolve the settlement quickly and convently. Thanks for all the help.

Posted 2 months ago

Djaouida T

You have good communication.

Posted 2 months ago

Anonymous

Fast and professional. A highly recommended company for employment related issues.

Posted 2 months ago

Anonymous

Very professional service.

Posted 2 months ago

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 10 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 1 year ago