Bathgate v Technip Singapore PTE Ltd

Bathgate v Technip Singapore PTE Ltd

FACTS

In accordance with a settlement agreement, the claimant was made redundant and quit their job. Following the signing of the settlement agreement, the Respondent determined that, since the Claimant was above 60, they were not required to pay him any more under a collective agreement. When it came to the outcome, the claimant alleged age discrimination.

A settlement agreement may be used to resolve discrimination allegations under Section 147 of the Equality Act of 2010 as long as it is related to the "specific complaint." Despite the fact that the claimed age discrimination did not occur until after the settlement agreement was signed, the tribunal found that the settlement agreement resolved the age discrimination claim. In contrast, the Employment Appeal Tribunal decided that unidentified future concerns could not be categorically classified as "particular complaints" since they would not have arisen at the time the agreement was signed. A Court of Session appeal was filed over the issue.

HELD

In its decision, the court determined that the age discrimination claim brought by the plaintiff had been satisfactorily resolved by the settlement agreement. It was stated in the agreement that it established a complete and conclusive settlement of the claims that the Claimant "intimates and asserts." The agreement also included a list of several categories of claims, one of which was age discrimination. A broad waiver of "all claims... of whatever nature (whether past, present, or future)" was also included in the agreement.

The Court made the point that "a future claim of which an employee does not and could not have knowledge, may be covered by a waiver where it is plain and unequivocal that this was intended" . In this particular instance, the Court said "it was clear that the agreement was intended to cover claims of which the parties were unaware and which had not accrued" .

Comment

In accordance with the Equality Act of 2010, a settlement agreement may be used to legally resolve any potential claims that are unknown and be used to settle future claims.