Yorkshire woman advised that Settlement Agreement would endanger her personal injury claim

Mrs H from Yorkshire had an accident at work that was not her fault. She therefore chose to instruct Slee Blackwell Solicitors to bring a personal injury claim on a No Win – No Fee basis against her employers. She claimed compensation for all of the losses she had incurred since the accident and we agreed to do this for her on a No Win No Fee basis.

Voluntary redundancy

Shortly after her accident, Mrs H’s employers announced the need to make cut backs in the work place. Employees at the company in Yorkshire were invited to take voluntary redundancy.

Mrs H decided to accept her employer’s offer of voluntary redundancy so that she could make a fresh start. In response to this her employers offered her a Settlement Agreement to finalise the termination of her employment. Mrs H selected Slee Blackwell’s Employment Law Team to advise her on the terms of the Settlement Agreement.

Once instructed, our Employment lawyers discovered clauses in the Settlement Agreement that would waive Mrs H’s right to bring any claims against her employers. This included her ongoing personal injury claim which had not yet been settled.

Settlement Agreement Amended

Our employment solicitors insisted that these clauses were removed from the Settlement Agreement. Mrs H’s employers agreed to this and the necessary amendments to the agreement were made. This enabled Mrs H to receive her full redundancy package as well as continuing to pursue her personal injury claim.

The case illustrates the need for careful consideration of the terms of a Settlement Agreement by an experienced and highly specialised solicitor. Employment law can be a minefield for the uninitiated. If Mrs H had signed the agreement she would have lost the right to bring her injury claim and would have missed out on substantial compensation.