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Compromise agreements: Breach of agreement claims should be brought in civil courts

This report relates to 1 case(s)

  • expand disabled

    Byrnell v British Telecommunications plc [2004] All ER (D) 78 (Nov) EAT (0 other reports)

Key points

In Byrnell v British Telecommunications plc, the EAT holds:

  • In a case where the applicant sought to claim a repudiatory breach of a compromise agreement so as to release himself from any obligations under it, the tribunal was correct to conclude that it had no jurisdiction to entertain claims in relation to the compromise agreement, except to satisfy itself that the compromise agreement met the requirements of s.203 of the ERA 1996 in terms of form and legal advice.
  • A compromise agreement which settled all claims, "contemplated and not contemplated", was held to be still effective and consistent with the statutory conditions that require compromise agreements to relate to "particular proceedings/complaints", because the claims for unfair dismissal and sex discrimination that the claimant sought to pursue after entering into the compromise agreement had been contemplated by the applicant prior to the termination of his employment.