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Settlement (compromise) agreements

New and updated

  • Date:
    23 September 2002
    Type:
    Law reports

    Contracts of employment: No tribunal jurisdiction to hear post-termination contractual claim

    In Miller Bros & FP Butler Ltd v Johnston, the EAT holds that an employment tribunal had no jurisdiction under the Employment Tribunals Extension of Jurisdiction Order 1994 to hear an employee's contractual claim under a compromise agreement made after the termination of his employment, because that was not a claim "outstanding on the termination of" his contract of employment, nor could it be said to "arise on" the termination.

  • Date:
    1 December 2001
    Type:
    Law reports

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

    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.

  • Date:
    1 December 2001
    Type:
    Law reports

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

    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.

  • Date:
    27 November 2001
    Type:
    Law reports

    Case roundup: Long-term sickness and settling claims

    This week's case roundup, covering frustration of a contract as a result of long-term sickness and settling claims.

  • Date:
    1 October 2001
    Type:
    Law reports

    Courts of Appeal conflict over definition of detriment

    Two apparently contradictory judgements address whether treatment must have any material consequences to constitute a detriment under discrimination law. Plus, cases on Tupe, termination payments and unfair dismissal for misconduct unrelated to employment

  • Date:
    15 April 2001
    Type:
    Law reports

    Settlements: General release did not bar claim for stigma damages

    Properly construed, an agreement made in 1990, whereby an employee who had been made redundant accepted an additional payment from the employer "in full and final settlement of all or any claims ... of whatsoever nature that exist or may exist", did not bar the employee's claim for stigma damages, holds the House of Lords, by a majority, in Bank of Credit and Commerce International SA v Ali and others.

  • Date:
    1 February 2001
    Type:
    Law reports

    Settlements: Compromise agreement excluded employee's contractual claim

    An employee who entered into an agreement with his employer to accept a payment "in full and final settlement of any claims" against the employer arising out of his employment or its termination, had effectively compromised any claim for damages for breach of contract and so could not pursue such a claim before an employment tribunal, holds the EAT in Sutherland v Network Appliance Ltd and another.

  • Date:
    1 February 2001
    Type:
    Law reports

    Settlements: Union official had no authority to settle unfair dismissal case

    An employment tribunal was right to find that an employee's unfair dismissal complaint was not settled, as he had not entered into any oral or written agreement to settle the case, holds the EAT in Gloystarne & Co Ltd v Martin.

  • Date:
    1 March 1999
    Type:
    Law reports

    Compromise agreement too broad to exclude race claim

    An agreement to "refrain from instituting any claim for race discrimination" did not exclude an ex-employee from bringing a race complaint, holds a Bedford employment tribunal (Chair: J M Wheeldon) in Sawicki v (1) Computacenter Ltd and (2) Hulme.

  • Date:
    1 July 1996
    Type:
    Law reports

    Industrial tribunals: Complaint barred by compromise agreement

    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.