Tribunal question

[Jellyandjam]

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)?

[flowery]

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

[Cloudtree]

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

[Cloudtree]

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]

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]

Thanks Cloudtree.

[Cloudtree]

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]

Before any hearing.

[Cloudtree]

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]

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.