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discrimination claim twelve years after ET claim was settled out of court

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  • discrimination claim twelve years after ET claim was settled out of court



    Dear LegalBeagles


    I have experienced abusive conduct and discriminatory language and racial slurs by a manager of a company I used to work for. Twelve years ago I settled an employment tribunal claim for discrimination out of court, and I need to know if I am legally bound from pursuing a new claim against this company, especially as they also abused my children too.


    The following paragraphs of my COT3 are what are causing my doubts:


    4. The Claimant accepts the Respondent’s undertaking at paragraph 2 (payment of £1000) in full and final settlement of the Proceedings and of any other claims which she has or may have against the Respondent or any Associated Employer or any of their current or former employees, directors or officers arising out of or in connection with her employment by the Respondent or its termination, or her contract of employment or its termination, including but not limited to any claims arising under statute, European Law, common law, contract or otherwise, and whether such claims are known or unknown to the parties and whether or not they are or could be in contemplation of the parties at the time of signing this Agreement and whether such claims fall within the jurisdiction of an ACAS conciliation officer in terms of section 18 of the Employment Tribunals Act 1996 or otherwise.


    5. This Agreement shall not apply to any claim the Claimant may have against the Respondent or any Associated Employer for personal injury or accrued pension rights, provided that the Claimant warrants that there are no circumstances known to her of which ought reasonably be known to her at this time which could give rise to such a claim in relation to person.


    I hope you can assist me with explaining the limits of the agreement?
    Tags: None

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