Compromise agreements: Agreements must set out specific claims to be compromised
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Hinton v University of East London [2005] IRLR 552 CA (0 other reports)
Key points
In Hinton v University of East London, the Court of Appeal holds:
- The EAT had erred in law in striking out a claim brought under s.47B of the Employment Rights Act 1996 ("the ERA") (the right not to be subjected to a detriment for making a protected disclosure) on the basis that it was precluded by a general clause in an agreement which purported to compromise all claims arising under statute, common law or otherwise.
- Although the agreement was contractually wide enough to compromise a claim brought under s.47B, the agreement did not comply with s.203(3) of the ERA 1996.
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