Compromise agreements

The facts

Mr Byrnell signed a compromise agreement following the termination of his employment, and subsequently brought claims of unfair dismissal and sex discrimination.

He argued that the wording of the agreement did not encompass those claims, and that the agreement was ineffective because the employer had failed to provide a reference in accordance with its terms.

The ruling

It was clear, the EAT held, that Byrnell had contemplated bringing both claims before he entered into the agreement; these claims had therefore been compromised.

The employer's duty to provide a reference was not an issue that a tribunal had jurisdiction to hear - this should have been pursued in the county court or high court.

Byrnell v BT UKEAT/0383/04