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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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    Paul O

    Chris & Rana guided me through a redundancy discussion. Prompt & patient assistance with the documents & meetings. Clear advice & fast responses regarding negotiations. Would definitely recommend & would use again without hesitation.

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    Outstanding, efficient service. Thank you so much!

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    Mel and Chris were fantastic and supportive throughout! 1000% recommend.

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    Very professional and helpful

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    Chris Hadrill was recommended to me when I found myself in need of a solicitor at very short notice. He contacted me almost immediately to arrange a call. Chris handled my case in a professional and timely manner and kept me notified throughout. Chris inspired confidence and made me feel I was being cared for. If ever I'm in need of legal representation, I would not hesitate to contact Chris. And will gladly recommend him to family and friends.

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    Rosalind R

    I was very happy with the service that I received from Redmans Solicitors. They were able to advise me accordingly with regards to my employment matter and stay within the agreed costing.

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    Karl B

    Caroline and Chris were so helpful and friendly. Couldn't of asked for a better service.

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    Dimitrios P

    Excellent, professional service, in time and within the expected value.

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    Barbara K

    Everything quickly and fairly. Very professional. Thank you.

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    Sabrina J

    I received a efficient professional service during the whole process of liasing between myself and my former employer to getting all forms signed and receiving my redundancy payment in full in the summer of this year.

    Posted 1 month ago

    Anonymous

    I received legal advice on a redundancy settlement agreement from Redmans Solicitors and was very impressed by the quality of their service. Chris Hadrill is highly experienced in settlement matters and was especially understanding of the particulars of my case, going out of his way to ensure that it was resolved quickly and with the utmost professionalism. I have no hesitation in recommending Redmans to anyone in need of employment advice and settlement resolution.

    Posted 1 month ago

    Anonymous

    Excellent service, with full explanations of everything needed. Both Chris and Mel answered all emails very promptly and were personable and efficient.

    Posted 1 month ago

    Anonymous

    I would like to thank Chris Hadrill, in particular who handled my case, for all his hard work, expertise and dedication. He listened with empathy and offered suitable advice, which made me feel valued and confident through a difficult time. I would highly recommend Chris and the team at Redmans Solicitors. Thank you.

    Posted 1 month ago

    Yann G

    Yann Guezennec / Chris Hadrill - Thanks for the detailed, informed and professional advice for my settlement. When comprise is the rule I felt we could have been maybe a bit more aggressive from the start. However an acceptable outcome considering the situation. Thank you

    Posted 1 month ago

    Valentina D

    Great service from Mel, she was very good at explaining every part of the settlement agreement and very efficient dealing with the HR team. Very professional team, I would definitely use them again in future if the opportunity came up.

    Posted 2 months ago

    Olaf S

    I was very happy with the service that I have received. Thank You Regards

    Posted 2 months ago

    Rebecca A

    I had a wonderful solicitor called Caroline who was so helpful and gave me all the information I need and explained everything in detail so I was crystal clear. Would highly recommend if you are in need of a solicitor!

    Posted 2 months ago

    Gareth J

    Very efficient, helpful and pragmatic support from Caroline. Happy to work with my requirements / suggestions but also made some very good points which helped to achieve a higher settlement amount. Would highly recommend Caroline and Chris.

    Posted 2 months ago