Want to talk to an expert employment law solicitor?

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

redmans-blog-analysis

In 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Employment Tribunal was advised that the parties had settled the matter and that Mr Dahhan wished for his claims to be withdrawn and dismissed.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 first name (required)

    Your last name (required)

    Your email (required)

    Your telephone number (required)

    Brief details of your enquiry

    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

    261 Reviews

    Karen T

    Great service. Thank you.

    Posted 1 day ago

    Anonymous

    Excellent service from Chris & Mel Chin. The best outcome was achieved from the redundancy process. They were extremely thorough, listened carefully and acted swiftly on my behalf. I highly recommend Redmans Solicitors

    Posted 2 days ago

    Shanine M

    Excellent service, thank you so much!

    Posted 3 days ago

    Anonymous

    I found Caroline and Chris very Helpful and provided excellent service. Caroline especially provided great legal advice and made me feel at ease with the whole process. I would highly recommend them. Thank you!

    Posted 3 days ago

    Gayle B

    Excellent company very professional would definitely recommend

    Posted 5 days ago

    Alex K

    Redmans provided an excellent service, timely and effective. Will definitely recommend.

    Posted 5 days ago

    Anonymous

    Great job done on my employment law

    Posted 5 days ago

    Dominica S

    Caroline & Chris were very prompt and efficient.Very happy with the service and will definitely recommend Redmans Solicitor to everyone !

    Posted 6 days ago

    Sandra K

    If you are looking for a group of solicitors who are Professional, Caring and on point, then look no futher than Redmans. I was literally hand held through out my case. Can not find fault with this company, very happy with the result and the service i received. Would highly recommend Redmans.

    Posted 6 days ago

    Anonymous

    I found dealing with Redmans a pleasure. I got to speak to someone quickly, the advice was profferred promplty and the service was not 'pushy'. In addition, the administration was excellent. What more could you ask for?

    Posted 6 days ago

    ALISDAIR L

    Redmans did a brilliant job regarding my redundancy agreement. I miss read an extra charge which wasnt the case so doing a new review to clarify. I would recommend Redmans for any employment law issues you may have.

    Posted 1 week ago

    Christos G

    Great legal advice and quick correspondence. Very supportive and helpful through the entire process. Thank you Redmans!

    Posted 1 week ago

    Anonymous

    Chris Hadrill advised me on a redundancy settlement agreement. He was very responsive, easy to deal with and gave me good advice at a stressful time.

    Posted 1 week ago

    Zara M

    Rana at Redmans gave me support and confidence I needed to ensure a wrong, was put right. I couldn’t recommend enough.

    Posted 1 week ago

    Stuart T

    Chris provided an excellent service, he was efficient and friendly and I had no doubt when recommending him to my colleagues

    Posted 1 week ago

    Anonymous

    Excellent service, prompt responses. Chris Hadrill provided excellent and efficient service.

    Posted 1 week ago

    Jane M

    Wonderful solicitors who really listen to you and who are there to offer expert legal advice but they also have a personal touch and you really feel supported both from a legal aspect but also from a personal aspect. They really listen .

    Posted 2 weeks ago

    Anonymous

    They dealt with my case professional and swiftly. The advise was helpful and enabled me to make the right decisions in my case.

    Posted 2 weeks ago

    Anonymous

    I have received a great legal advice from Redmans on a very short notice. I’d highly recommend them.

    Posted 2 weeks ago

    Michael D

    Excellent, efficient advice - the whole matter was concluded with minimum fuss and an excellent outcome.

    Posted 2 weeks ago

    Michael Q

    I found Redmans via the internet. I was looking for a solicitor with employment law experience and they fitted the bill. I was very pleased with the advice/service that I received leading to a good outcome for me.

    Posted 2 weeks ago