Compromising future claims – The EAT in London agrees it can be done

In Clifford v IBM United Kingdom Ltd [2024] EAT 90, the EAT has held that an employment tribunal was correct to strike out a disability discrimination claim on the basis that it was precluded by an earlier settlement agreement entered into a number of years earlier that precluded future claims.

In reaching that conclusion, the EAT applied the Scottish Court of Session’s decision in Bathgate v Technip Singapore Pte Ltd (see my analysis in the previous Five from 5 publication).

Accordingly, future claims can be validly compromised even if unknown by the employee at the time the agreement was concluded.

Transcript: https://www.bailii.org/uk/cases/UKEAT/2024/90.html

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Authors

Daniel Hobbs

Call 1998

Related areas

Employment

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