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Full and Final Settlement

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  • Full and Final Settlement

    Not sure if this is in the right place but hopefully someone can guide me?

    I was wrongfully dismissed back in October 2018 and went through ACAS conciliation as my ex employer was trying to make ridiculous deductions from my final salary which they had already unlawfully held back for over 6 weeks. So an agreement was reached and this is the exact wording “Without any admission of liability, the prospective respondent (ex employer) agreed to pay and the prospective claimant agrees to accept the sum of Xxxxx in full and final settlement of any and all claims arising out of the prospective claimants employment or it’s termination thereof”. My ex employer left it until the 11th hour before paying the sum owed to me but it was paid and I thought that was the end of it. However 1 hour later he emailed to say that I owe his company £735 for insurance excess and excess mileage (both of which i’d disputed through ACAS conciliation) and he has now instructed a debt collector to harass me for the sum. My question is does that wording not prevent him from pursuing me for this sum as we’ve agreed to a full and final settlement of all and any claims?

    I was was involved in a traffic accident whilst working for this company and whilst I was at home recovering they started dismissal proceedings based on complete fabrications, it’s not a reputable company sadly and they bend the rules to suit them.

    Any advice would be greatly appreciated.
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  • #2
    Hi, yes you are in the correct place.

    Was the settlement confirmed via a COT3 or a Settlement Agreement. A COT3 is the normal way if ACAS have been involved so I guess that happened in this case and usually will only relate to the particulars of the claim which I am guessing was unlawful deduction of wages. Was there any mention in the agreement about the respondent not pursuing any claim in relation to the traffic accident?

    Did you contract of employment or company car policy have any clauses about insurance excess and I am unclear as to the excess mileage was the car on some sort of arrangement tied into a mileage limit?
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