EAT PRACTICE AND PROCEDURE
Compromise
Disposal of appeal including remission
The Claimants made a compromise agreement with Reliance, one of three Respondents in a TUPE claim. The claim was against the Respondents jointly and severally for breach of the consultation provisions and against the transferee for unfair dismissal and wrongful dismissal. The Employment Tribunal wrongly construed the agreement with Reliance as a release of all three tortfeasors for it related only to Reliance and by implication not to the others. On its true construction it was a covenant not to sue Reliance and not a release of all Respondents. The case was remitted for hearing as against the other two Respondents who were given permission (the Claimants not objecting) to enter responses and to be heard, hitherto debarred.
Judges:
McMullen QC J
Citations:
[2012] UKEAT 0046 – 12 – 3108
Links:
Jurisdiction:
England and Wales
Employment
Updated: 06 November 2022; Ref: scu.465536