Using Settlement Agreements to Prevent Future Claims: A Thing of the Past?

Background

The recent decision in Bathgate v Technip UK Ltd has limited the scope of Settlement Agreements in quashing future discrimination claims. The Claimant, Mr Bathgate, worked for the Respondent for 20 years before agreeing to take voluntary redundancy and entering into a Settlement Agreement, whereby he agreed to waive his right to bring past, current and future claims against the Respondent. An ‘additional payment’ was due to be provided per the terms of redundancy, but later the Respondent decided that said payment would not apply to employees who were aged 61 or over at the time of termination. This decision was not communicated to the Claimant. Upon discovery of this decision,