Personal Injury Claim Permitted to Proceed Despite Employment Tribunal Settlement

By Gary Smith


In a cautionary tale for employers the High Court has allowed a personal injury claim by a former employee to be brought against his former employer even though the parties settled an employment tribunal claim over the same matter years earlier.

In Farnham-Oliver v RM Educational Resources Limited, the Claimant had been a customer adviser who suffered physical and mobility problems. Whilst still an employee he brought a claim at the Employment Tribunal alleging that the employer had failed to make reasonable adjustments in the workplace. That claim was settled in 2015 for £12,000.  Unfortunately for the employer the settlement agreement permitted the Claimant to bring a personal injury claim.

The High Court found that the case was not an abuse of process as the settlement agreement positively permitted the Claimant to bring this further case. As such the case was permitted to proceed.

This case is a salutary lesson for employers involved in Tribunal claims to ensure that any settlement reached is a universal settlement compromising all claims it is permissible to compromise.

If you are involved in Tribunal proceedings please do contact our Employment Team on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.