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In this post we look at five examples of claims relating to settlement agreements which were made in the Employment Tribunal in 2018

Mr M Stephenson v Next Retail Limited ET/2501209/2018

Summary of claim: the Employment Tribunal held that it did not have jurisdiction to hear claims for unfair dismissal and disability discrimination as Mr Stephenson had entered into a COT3 settlement agreement in full and final settlement of any claims; this was despite Mr Stephenson arguing that the agreement had not been fully explained to him by ACAS prior to him entering into the agreement.

Click here for our analysis of Mr M Stephenson v Next Retail Limited

Mrs P Cleary v Birmingham City Council ET/1301725/2008

Summary of claim:the Employment Tribunal held that a claimant was precluded from pursuing her claims in the Tribunal as she had previously entered into a COT3 settlement agreement in full and final settlement of any current and future claims.

Chris Hadrill, partner in the employment department at Redmans, commented on the case: “If an employee signs a settlement agreement then it will normally be quite difficult for them to challenge the validity of the settlement agreement, barring any exceptional circumstances (for example, duress or a lack of capacity). Settlement agreements will normally be full and final in nature, and the parties must take care to ensure that they’re happy with both the substance and the wording of the agreement.”

Click here for our analysis of Mrs P Cleary v Birmingham City Council

Mrs D Lingard v Leading Learners Multi Academy Trust ET/2401985/2017

Summary of claim:the Employment Tribunal held that giving a 4-day time period for the acceptance of a settlement agreement offer did not constitute ‘improper behaviour’, holding that the meetings between the employer and the employee relating to a settlement offer were not admissible for the purposes of the Employment Tribunal claim.

Click here for our analysis of Mrs D Lingard v Leading Learners Multi Academy Trust

Mr J Moulton v The Chief Constable of Norfolk Constabulary ET3328910/2017

Summary of claim:the Employment Tribunal held that the Claimant could not bring a second claim against against Norfolk Constabulary as the terms of a previous settlement agreement entered into precluded this. This case shows that signing a settlement agreement will generally act as a bar to raising any issues settled by that agreement in any future claim, unless the language of the settlement agreement specifically allows this; parties to settlement agreements should be very careful to ensure that the wording of the settlement agreement meets what was intended by the parties.

Click here for our analysis of Mr J Moulton v The Chief Constable of Norfolk Constabulary ET3328910/2017

Mrs M Richards v Avon and Wiltshire Mental Health Partnership Trust

Summary of claim:the Employment Tribunal held that the Claimant could not bring a second discrimination claim against her previous employer as the settlement agreement she had signed precluded her from doing so.

Click here for our analysis of Mrs M Richards v Avon and Wiltshire Mental Health Partnership Trust

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).

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    Testimonials

    4.80 Average

    371 Reviews

    Jonathan L

    The service I received was friendly and professional. I appreciated the timely communications and Mel was always available for any questions I had. I'd definitely recommend Redmans and will use them in a heartbeat should the situation arise again.

    Posted 4 days ago

    Glyn B

    Provided a great service, covered all my requirements

    Posted 4 days ago

    Fidel A

    Redmans Solicitors recently helped me navigate a recent employment termination settlement agreement. Chris Hadrill is very professional and you will be in good hands with him. I score Redmans 4 out of 5 because things had to move fast and felt the team member assigned to my case wasn't very responsive at times. Having said that, I was very happy with the outcome and have no hesitation in recommending their services.

    Posted 5 days ago

    Nigel A

    Chris Hadrill is hugely impressive - the right blend of assured calm and savvy professionalism. I've already recommended him to friends and family.

    Posted 6 days ago

    Matt O

    I was hugely impressed with the ease of being able to work with Redmans Solicitors and their professional approach. Mel was really clear around the process, and costings required and I felt comfortable throughout. I would certainly recommend.

    Posted 6 days ago

    Bryan G

    Great response, and also happy to assist

    Posted 6 days ago

    David L

    I was made a settlement offer by my employer to terminate my emplyment early. Redmans helped me understand the offer, and ensured that it was fair for someone in my position. They made a very stressful situation much easier. Excellent service.

    Posted 1 week ago

    Anonymous

    I can highly recommend Redmans. The service was professional and prompt and I would not hesitate to use them again. Thanks

    Posted 1 week ago

    Anonymous

    Overall I am satisfied with the performance from Redmans. The reason I have given 4 stars is that I had quite a lot difficulty in contacting the representative which was initially nominated for me. However, when I contacted Chris instead, he was excellent over the phone and secured a great outcome in short order. I would recommend Redmans Solicitors.

    Posted 1 week ago

    Anonymous

    Chris and Redmans were a great help. Effective and efficient, quick response from my first enquiry and then straightforward and attentive throughout with ultimately a positive outcome. I will use them again and recommend them.

    Posted 2 weeks ago

    Marie P

    Great service, quick responses, good advice and all in a no nonsense, no jargon manner. Would definitely recommend.

    Posted 2 weeks ago

    Anonymous

    Rana was amazingly thorough and professional!

    Posted 2 weeks ago

    Anonymous

    I am extremely happy with the legal advice I was provided with. My case was resolved to the best of my expectations. Thank you very much for your professional help.

    Posted 2 weeks ago

    Shahzad R

    Chris and his team were excellent. They provided sound advice and consultation that resulted in more cash than was offered. Would definitely recommend.

    Posted 2 weeks ago

    Sanjay B

    I would like to take this opportunity to thank Mel Chin, for all her support during my settlement process. Where she provided a professional service and was understanding. I would confidently recommend Redmans Solicitors to my friends and family. Thank you and wishing you all a Merry Christmas.

    Posted 1 month ago

    Paul O

    Excellent response time and communication during my dealings with Redmans

    Posted 1 month ago

    Gil T

    I don’t normally write reviews, but thought it was time on this occasion. Just wanted to say that I highly recommend Redmans - especially Rana Tandon, who helped me navigate around my employment contract. Rana was meticulous and thorough and all over my needs. Would I use Redmans again ? ..absolutely

    Posted 1 month ago

    Stephanie D

    Very thorough and professional service. I was very nervous about my employment case, as I had never dealt with anything like it before. However, the solicitors who handled my case made sure I understood everything. I was never kept in the dark and Redmans kept me constantly informed about what was going on with my case. I would definitely recommend Redmans Solicitors

    Posted 1 month ago

    Richard S

    Chris and Sacha were great throughout the entire process. Chris was very helpful once the initial discussions with my company began and before we agreed there was a case. Sacha was very responsive, patient and helpful throughout ensuring I felt I had the right information to make the best decision on next steps. A close friend and wife have both used Redmans in the past few years for unfair dismissals and the service continues to be first-class and I would strongly recommend them again. They definitely help reduce the anxiety that comes with uncertainty around new processes and situations. Thank you!

    Posted 1 month ago

    Jianya

    Very nice and patient went through the whole document with me.

    Posted 1 month ago

    Susan L

    Very helpful and led me through the redundancy process.

    Posted 1 month ago