Using Settlement Agreements to Prevent Future Claims: A Thing of the Past?
Published on: 31/01/2023
Article Authors The main content of this article was provided by the following authors.
Kiera Lee Partner, Mills Selig
Kiera Lee Partner, Mills Selig
Kiera lee

Kiera has over 20 years’ experience in employment law,  acting for employers in contentious and non-contentious matters. Her client list includes leading NI Companies and large employers.

Kiera’s experience covers day to day HR problems and complex restructuring issues. She has given advice on a restructure and redundancy programme involving more than 800 employees, defended multi claimant tribunal claims for unfair dismissal arising from TUPE transfers. She recently advised on the high-profile acquisition of Wrightbus and the sale of Novosco.

She also assists with strategic decisions, successfully managing the exit of senior executives including any contentious issues with shareholding and restrictive covenants.

What the legal press says about Kiera:

  • heads the department and handles contentious and non-contentious employment matters. Sources speak to her solid reputation and commend her commercial outlook, calling her a “business-focused employment lawyer.”
  • provides “an excellent level of service”
  • “has an excellent grasp of the commercial aspects of employment law.”
  • She is commercial, pragmatic and knows which battles to fight.
  • ...an excellent service in a timely manner
  • ...knowledgeable

Background

The recent decision in Bathgate v Technip UK Ltd has limited the scope of Settlement Agreements in quashing future discrimination claims. The Claimant, Mr Bathgate, worked for the Respondent for 20 years before agreeing to take voluntary redundancy and entering into a Settlement Agreement, whereby he agreed to waive his right to bring past, current and future claims against the Respondent. An ‘additional payment’ was due to be provided per the terms of redundancy, but later the Respondent decided that said payment would not apply to employees who were aged 61 or over at the time of termination. This decision was not communicated to the Claimant. Upon discovery of this decision, Mr Bathgate brought a claim on the grounds

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 31/01/2023