Talk

Advanced search

Tribunal question

(10 Posts)
Jellyandjam Thu 30-May-19 13:19:24

If a claimant receives a settlement payment from the first respondent (employer), can they then continue with their case against the second respondent (another employee)?

OP’s posts: |
flowery Thu 30-May-19 14:54:06

Person is bringing an employment tribunal claim against an individual person who is not their employer? confused

Cloudtree Thu 30-May-19 14:55:45

I'm an employment lawyer. Yes they can if the settlement agreement or COT3 didn't specify that it related to all Respondents.

Cloudtree Thu 30-May-19 14:56:46

That would generally be a serious error on the part of the solicitor for the Respondents though (unless of course they are not acting for the second respondent)

Cloudtree Thu 30-May-19 14:57:35

Person is bringing an employment tribunal claim against an individual person who is not their employer?

Yes perfectly possible if it's a discrimination case

Jellyandjam Thu 30-May-19 15:21:56

Thanks Cloudtree.

OP’s posts: |
Cloudtree Thu 30-May-19 15:45:00

I have to say it doesn't often happen though. Generally the employer doesn't want the case to progress at all if they are settling and so they will ensure the settlement agreement covers all parties. Is it settling before any liability hearing has taken place or after liability but before remedy?

Jellyandjam Thu 30-May-19 16:02:38

Before any hearing.

OP’s posts: |
Cloudtree Fri 31-May-19 12:39:48

I'm not quite sure how that would play out if you have settled with the employer. Does the settlement not include confidentiality wording preventing you from talking about the matter? It would be in as standard in most COT3s.

Jellyandjam Fri 31-May-19 16:50:21

Don't worry we are sorted now. We were not the claimant. Turned out it was the first respondent solicitors trying it on but all sorted now.

OP’s posts: |

Join the discussion

To comment on this thread you need to create a Mumsnet account.

Join Mumsnet

Already have a Mumsnet account? Log in