Miss R Wadkin v Cheshire & Wirral Partnership NHS Foundation Trust — 2024

At a preliminary hearing in Manchester by CVP on 19 April 2024, Regional Employment Judge Franey considered the respondent’s application to strike out Miss Wadkin’s unfair constructive dismissal claim under rule 37(1)(a) on the basis that it was said to be barred by a settlement agreement. The respondent relied on the agreement signed on 22 and 23 December 2022 and on later emails to argue that the statutory requirements had been satisfied. The claimant’s case was that she had not received the required independent legal advice from the named adviser before signing.

The tribunal found that the claimant had not received legal advice on the terms and effect of the agreement from Karen Murray, the adviser named in the document, and that Ms Murray had not even seen the agreement. An informal discussion in January 2023 with Ms Thethi did not satisfy section 203 ERA 1996 because it was not the advice required by the statute, Ms Thethi was not the adviser identified in the agreement, and there was no evidence that the other statutory conditions for a settlement agreement were met. The judge held that the later discussion could not validate the agreement signed in December 2022.

The tribunal accepted that the claimant had signed the agreement knowing she was making a false representation to the respondent and had written an email on 5 January 2023 in a way that gave the impression that she had received further advice. However, the judge held that the issue was one of law rather than equity or morality, and that the agreement did not satisfy section 203. The respondent’s strike-out application was therefore dismissed, and the unfair constructive dismissal claim was allowed to proceed.