Claimant v Parallax Agency Ltd

The tribunal held that a valid Settlement Agreement signed on 23 January 2023 complying with s.203 ERA covered unfair dismissal claims and prevented the tribunal from having jurisdiction. The Agreement contained a full and final settlement clause covering all claims whether in contemplation or not. The claimant's alleged breach (failure to maintain BUPA health insurance) did not go to the root of the contract and was insufficient to void the Settlement Agreement.

The tribunal held that the Settlement Agreement of 23 January 2023 complying with s.147 EqA expressly included discrimination claims in Schedule 1 paragraph 1.18 and prevented the tribunal from having jurisdiction. The waiver clause covered claims whether or not in contemplation at the date of the Agreement. The alleged breach regarding BUPA cover did not void the Settlement Agreement as it did not go to the root of the contract.

Covered by the Settlement Agreement's Schedule 1 which expressly included discrimination arising from disability claims under s.120 EqA. The tribunal found the Settlement Agreement valid and enforceable, with no breach sufficient to void it.

Expressly included in the Settlement Agreement's Schedule 1 paragraph 1.18 which covered harassment related to disability. The tribunal held the Settlement Agreement prevented jurisdiction over these claims.

Expressly included in the Settlement Agreement's Schedule 1 which covered victimisation claims. The tribunal found no breach of the Settlement Agreement sufficient to void its effect.

This claim related to the respondent's failure to maintain BUPA health insurance from 1 February to 28 February 2023 in breach of clause 2.4 of the Settlement Agreement. The tribunal found this breach did not go to the root of the contract so did not void the Settlement Agreement's effect on statutory claims. However, the breach of contract claim itself survived and was listed for a further preliminary hearing on 2 May 2024 to consider applications and directions.