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Civil stress claim after employment tribunal settlement not an abuse (Farnham-Oliver v RM Educational Resources Ltd)

Published on: 15 September 2021
Published by: LexisPSL
  • Civil stress claim after employment tribunal settlement not an abuse (Farnham-Oliver v RM Educational Resources Ltd)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Employment analysis: The defendant employer’s application to strike out a civil claim on the grounds that it was an abuse of process contrary to CPR3.4(2)(b) was dismissed by the High Court. The defendant argued that the settlement of an employment tribunal claim in February 2015, lodged in December 2014, arising out of work related stress caused by unlawful discrimination, prevented the claimant from pursuing a claim for work related stress in the civil court for damages arising out of the same circumstances of his employment. The court held that the primary focus in such cases is the construction of the settlement agreement and that in this case there was a contractual bar (by the terms of the settlement agreement and clause 7 in particular) which prevented the defendant from succeeding with his application (at para [60]). Written by Suzanne Prescott, solicitor, Kennedys (Manchester). or take a trial to read the full analysis.

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