June 26, 2013

Settlement with one Respondent did not release others

This case makes it clear that Claimants need to be careful about entering into agreements where they may not wish to settle a case against all Respondents. This is likely only to happen in TUPE cases for failure to inform and consult although it may also occur in discrimination cases where an individual is named as co-Respondent. Claimants should also note that where a case settles against one Respondent but continues against the others, any sums recovered as compensation will be less any amount paid by the Respondent who has settled its part of the case.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222.

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