EAT PRACTICE AND PROCEDURE: Compromise
Appeal from an Employment Judge who held that the Claimant could not pursue his claims by reason of a Compromise Agreement and that the Respondent was entitled to refuse to pay the termination payment under the Compromise Agreement because of the Claimant’s fundamental breach. The Claimant sought to argue a variation of perversity based on CPR Part 52.11(3) and Assicurazioni Generali SpA v Arab Insurance Group [2003] 1WLR 577. Submission rejected. The jurisdiction of the EAT was narrower than that of the Court of Appeal . Yeboah v Crofton [2002] IRLR 634 applied.
Citations:
[2009] UKEAT 0417 – 08 – 0304
Links:
Jurisdiction:
England and Wales
Employment
Updated: 12 July 2022; Ref: scu.331201