In Byrnell v British Telecommunications plc, the EAT holds that in a case where the applicant sought to claim a repudiatory breach of a compromise agreement so as to release himself from any obligations under it, the tribunal was correct to conclude that it had no jurisdiction to entertain claims in relation to the compromise agreement, except to satisfy itself that the compromise agreement met the requirements of s.203 of the ERA 1996 in terms of form and legal advice.
In BNP Paribas v Mezzotero the EAT holds that discussions "without prejudice" between an employer and an employee who had raised a grievance in respect of her treatment on returning from maternity leave, could be relied on by the employee in support of her sex discrimination and victimisation complaints.
The Court of Appeal holds in Asamoah-Boakye v Walter Rodney Housing Association Ltd that there was no termination by mutual agreement where the parties failed to agree on all the terms of the agreement, including the incorporation of those terms into a valid compromise agreement, with the result that it was never signed by the parties.
In Eastbourne Borough Council v Foster, the Court of Appeal holds that where a contract of employment was varied and subsequently terminated pursuant to a compromise agreement later found to be void, the original contract was repudiated by conduct, not brought to an end by mutual consent, and replaced by a new contract.