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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

4.78 Average

138 Reviews

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 2 days ago

Rory Y

They provide me with timely and clear advice!

Posted 2 days 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 2 days ago

Deepthi K

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

Posted 2 days ago

Anonymous

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

Posted 2 days ago

Dino D

I did get a very swift and god service from Redmans

Posted 2 days ago

Stephanie H

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

Posted 1 week 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 1 month ago

Shane M

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

Posted 1 month ago

Anonymous

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

Posted 1 month 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 1 month ago

Djaouida T

You have good communication.

Posted 1 month ago

Anonymous

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

Posted 1 month ago

Anonymous

Very professional service.

Posted 1 month 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 9 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 10 months ago

Anonymous

Excellent service. It was a pleasure to work with Chris H, who is brilliant at what he does and very efficient. Their Senior Associate Rana T. is also very knowledgeable and resolves any queries speedily and efficiently. My issue could unfortunately not be resolved, but that was due to my employer and not the firm. Redmans however did all they could. I would definitely recommend them.

Posted 10 months ago

Anonymous

Very pleasant and quick to deal with. Mnay thanks.

Posted 11 months ago

Anonymous

Easy to get hold of. Quick.

Posted 11 months ago

Owen J

Very helpful, efficient service.

Posted 11 months ago

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 11 months ago