Bathgate v Technip UK – Can Future Discrimination Claims Be Covered By Settlement Agreements?

In the recent case of Bathgate v Technip UK and others [2022], the Employment Appeal Tribunal has held that the Equality Act 2010 does not allow for the settlement of unknown future claims even where the wording of a Settlement Agreement attempts to do so. The Claimant was therefore permitted to proceed with a claim of post-termination discrimination, despite entering into a Settlement Agreement which purported to waive his future claims.

Facts of the case

Mr Bathgate was employed by the Respondent, an offshore and onshore energy services company, as a Chief Officer for around 20 years. He worked onboard a number of vessels but spent the latter part of career aboard 'Deep Blue'. 'Deep Blue' operated outside UK and EEA waters and accordingly, the Claimant's employment was not subject to the provisions under the Equality Act 2010 (the "Act").