All items: Compromise agreements

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  Arbuthnot Pensions & Investments Ltd v Padden [2004] All ER (D) 165 (May) CA (1 report relating to this case)

  • Arbuthnot Pensions & Investments Ltd v Padden

    Date:

    31 December 2004

    In Arbuthnot Pensions & Investments Ltd v Padden [2004] All ER (D) 165 (May) CA, the Court of Appeal held that a judge was entitled to make a declaration that the respondent should be indemnified by Mr Padden against any liability that it might have incurred to a client in circumstances where Mr Padden had failed to invest the client's money as agreed and had used it for his own purposes. The Court of Appeal also upheld an award of damages equivalent to the commission that the respondent would have earned had the agreed investments been made.

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  Asamoah-Boakye v Walter Rodney Housing Association Ltd [2001] All ER (D) 320 (May) CA (1 report relating to this case)

  • Compromise agreements: Failure to agree all the terms of a compromise agreement was fatal

    Date:

    1 December 2001

    The Court of Appeal holds in Asamoah-Boakye v Walter Rodney Housing Association Ltd that there was no termination by mutual agreement where the parties failed to agree on all the terms of the agreement, including the incorporation of those terms into a valid compromise agreement, with the result that it was never signed by the parties.

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  Bennett v De Vere Hotels Ltd EAT/1113/95 (1 report relating to this case)

  • Industrial tribunals: Complaint barred by compromise agreement

    Date:

    1 July 1996

    An employee who claimed to have been unfairly dismissed was barred from pursuing her complaint before an industrial tribunal because she had entered into a compromise agreement with her employer in respect of the dismissal, holds the EAT in Bennett v De Vere Hotels Ltd.

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  Byrnell v British Telecommunications plc [2004] All ER (D) 78 (Nov) EAT (1 report relating to this case)

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

    Date:

    24 December 2004

    In Byrnell v British Telecommunications plc, the EAT holds that 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.

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  Clarke and others v Redcar and Cleveland Borough Council; Wilson and others v Stockton-on-Tees Borough Council [2006] IRLR 324 EAT (1 report relating to this case)

  • Conciliation agreements: Validity of Acas-conciliated agreements upheld

    Date:

    4 August 2006

    In Clarke and others v Redcar and Cleveland Borough Council; Wilson and others v Stockton-on-Tees Borough Council [2006] IRLR 324 EAT, the Employment Appeal Tribunal holds that there is no duty on an Acas conciliation officer to advise on the merits of a claim before the employee enters into a binding settlement via a COT3 agreement.

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  CMC Group plc v Zhang [2006] All ER (D) 197 (Mar) CA (1 report relating to this case)

  • CMC Group plc v Zhang

    Date:

    8 May 2006

    In CMC Group plc v Zhang [2006] All ER (D) 197 (Mar) CA, the Court of Appeal has held that a clause in a compromise agreement allowing an employer to reclaim the full amount paid if the other party broke any of its terms was not valid.

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  Collidge v Freeport plc [2008] IRLR 697 CA (1 report relating to this case)

  • Case of the week: No obligation to pay compromise compensation

    Date:

    10 June 2008

    This week's case of the week, provided by DLA Piper, covers compromise agreements.

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  Cox v Sun Alliance Life Ltd [2001] IRLR 448 CA (1 report relating to this case)

  • References: Reference giver's duty of care where employee left while suspected of dishonesty

    Date:

    1 July 2001

    In Cox v Sun Alliance Life Ltd, the Court of Appeal holds that an employer was, through one of its employees, in breach of its duty to take reasonable care to provide an accurate and fair reference for a former employee, who resigned before the employer had completed pending disciplinary proceedings involving investigations into allegations of misconduct.

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  Dattani v Trio Supermarkets Ltd [1998] IRLR 240 CA (1 report relating to this case)

  • Tribunal procedure: Settlement of unfair dismissal complaint did not bar unpaid wages claim

    Date:

    1 September 1998

    A compromise to settle an employee's claim for compensation for unfair dismissal, reached during the employment tribunal proceedings and recorded by the tribunal in a document headed "Decision of the [employment] tribunal", did not prevent the employee from subsequently bringing proceedings in the county court for unpaid wages, holds the Court of Appeal in Dattani v Trio Supermarkets Ltd.

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  Eastbourne Borough Council v Foster [2001] All ER (D) 135 (Jul) CA (1 report relating to this case)

  • Compromise agreements: Void compromise agreement did not prevent employment relationship continuing

    Date:

    1 December 2001

    In Eastbourne Borough Council v Foster, the Court of Appeal holds that where a contract of employment was varied and subsequently terminated pursuant to a compromise agreement later found to be void, the original contract was repudiated by conduct, not brought to an end by mutual consent, and replaced by a new contract.