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ARTICLE · 14 NOVEMBER 2022

Settlement Agreements Cannot Settle Future Employment Claims That Have Not Arisen

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

Joint managing partners: Jo Farmer, Richard Miskella International offices: Dublin, Hong Kong...

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The EAT also made wider comments about the scope of settlement agreements and the practice of listing a series of claims to be settled.

United KingdomEmployment and HR

A settlement agreement cannot sign away claims which have not arisen at the date of the agreement, according to this latest Employment Appeal Tribunal decision.

The EAT also made wider comments about the scope of settlement agreements and the practice of listing a series of claims to be settled. This article looks at the EAT's decision, what it means for settlement agreements more generally, and practical options for achieving clean breaks.

Background to settlement agreements and the need to be specific

Statutory employment claims such as unfair dismissal, discrimination and deductions from wages cannot be waived, contracted out of, or settled, except through Acas conciliation or a valid settlement agreement.

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