Bringing a Claim after Signing COT3

The EAT held that a second claim for disability discrimination could be brought by an employee even though a COT3 form had been used to settle the employee’s earlier claim. In the case of Department of Working Pensions v Brindley (17 November 2016) the employee brought a second claim for disability discrimination against her employer, the facts surrounding the second claim related to different circumstances that arose during the same timeframe as the first claim.

The EAT looked at the specific wording of the COT3 and found that it settled all claims arising from the circumstances set out in the employee’s first claim but did not settle any claims outside of those facts (even if it covered the same timeframe).

This case works as a helpful reminder when entering into a COT3 or other Settlement Agreement – both parties should take time to consider exactly what it is they are agreeing to settle and make sure it is expressly covered.

Share this article

This entry was posted in , . Bookmark the permalink.