One size fits all?
by Philip
One size fits all, one size fits all - as the Crystal Palace fans used to sing about defender Fitz Hall, now at Bolton. Well in the world of compromise agreements, one size does not necessarily fitz hall fit all . The case reported here is a timely reminder that compromise agreements need to be bespoke rather than off the peg. In particular in the recitals of the Agreement you need to ensure that it reads that it is confirmed that the conditions regulating this Agreement in section 203 of the Employment Rights Act 1996 are satisfied, as well as any other claims under other jurisdictions. Bt compromised potential claims for Unfair Dismissal and Race Discrimination in the main body of the Agreement but the recitals only confirmed that the conditions under the Employment Rights Act were met. The recitals did not confirm that the conditions under the Race Relations Act were met. This meant that the employee could proceed with her Race claim, even though she had signed a compromise agreement settling it.Doh!
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