Settlement (compromise) agreements

New and updated

• Date:

  24 June 2005

  Type:

  Law reports

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

  In Hinton v University of East London, the Court of Appeal holds that the EAT had erred in law in striking out a claim brought under s.47B of the Employment Rights Act 1996 (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.

• Date:

  17 May 2005

  Type:

  Law reports

  Case round-up: Compromise agreements

  This week's case round-up from Eversheds, covering compromise agreements.

• Date:

  14 January 2005

  Type:

  Law reports

  Compromise payment not taxable

  The Court of Appeal has upheld the decision of the High Court in Wilson (HM Inspector of Taxes) v Clayton that a payment from an employer under a compromise agreement should be treated as a termination payment under s.403 of the Income (Earnings and Pensions) Act 2003.

• Date:

  24 December 2004

  Type:

  Law reports

  Compromise agreements: List of compromised claims was illustrative only

  In University of East London v Hinton, the EAT holds that section 203(3) of the ERA 1996 does not require compromise agreements to specify the precise claim(s) that are being settled.

• Date:

  24 December 2004

  Type:

  Law reports

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

  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.

• Date:

  22 October 2004

  Type:

  Law reports

  Compromise agreements: Payment under compromise agreement not taxable

  In Wilson (HM Inspector of Taxes) v Clayton, the High Court holds that a payment received from an employer (following the compromise of employment tribunal remedy proceedings) was not taxable as income.

• Date:

  2 July 2004

  Type:

  Law reports

  Practice and procedure: "Without prejudice" discussions admissible

  In BNP Paribas v Mezzotero the EAT holds that discussions "without prejudice" between an employer and an employee who had raised a grievance in respect of her treatment on returning from maternity leave, could be relied on by the employee in support of her sex discrimination and victimisation complaints.

• Date:

  1 June 2004

  Type:

  Law reports

  Case round up

  Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them

• Date:

  11 May 2004

  Type:

  Law reports

  Case round up: status of 'without prejudice' communications in dismissal procedures; and sick pay

  This week's case round-up from Eversheds, covering: status of 'without prejudice' communications in dismissal procedures; and sick pay.

• Date:

  24 June 2003

  Type:

  Law reports

  Case round-up: Settlements and requests to work part-time

  This week's case round-up by Eversheds, covering settlements and requests to work part-time.