EAT Practice and Procedure – Compromise
1. On the true construction of a compromise agreement in respect of claims arising on the termination of the contract of employment, claims arising during the relationship and arising otherwise than on termination were not compromised. The agreement did not meet the industry standard for such model agreements.
2. Further the agreement missed out a condition required for a valid compromise under Sex Discrimination Act 1975 and Race Relations Act 1976 in that it did not say that all the conditions had been complied with (even though they had been).
3. Since the agreement was invalid, there was a grievance extant at the date of termination and the Claimant was not to be shut out of the Employment Tribunal for failing to lodge a grievance.
Judges:
McMullen QC J
Citations:
[2006] UKEAT 0185 – 06 – 0910
Links:
Employment
Updated: 09 July 2022; Ref: scu.247825