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Compromise agreements: Agreements must set out specific claims to be compromised

This report relates to 1 case(s)

Key points

In Hinton v University of East London, the Court of Appeal holds:

  • The EAT had erred in law in striking out a claim brought under s.47B of the Employment Rights Act 1996 ("the ERA") (the right not to be subjected to a detriment for making a protected disclosure) on the basis that it was precluded by a general clause in an agreement which purported to compromise all claims arising under statute, common law or otherwise.
  • Although the agreement was contractually wide enough to compromise a claim brought under s.47B, the agreement did not comply with s.203(3) of the ERA 1996.