Settlement Agreement, wrong contract of employment referenced

[Billwyman]

Hello,

I have signed a settlement agreement with my employer. In there are some clauses that refer to the employment contract. At the time I believed that it referred to my most recent contract, however the contract mentioned in the settlement agreement and the copy of the contract that was supplied by the employer as part of the negotiation process was an earlier contract. This has left us with some clauses in the settlement agreement referring to clauses that make no sense in the copy of the contract that is mentioned as was supplied. To me it feels like a mistake.

My question is, how would a court look at the enforcement of the clauses in the settlement agreement. Would they look at what was meant and refer to the most recent contract of employment, or what is actually written in the agreement and refer to the earlier contract of employment.

Thanks for your time.

[echat11]

Hi BILLWYMAN

It might be an idea to get that corrected now, rather then any dispute at a later stage. The court would always look at the latest contract, but the 'settlement agreement refers to clauses that don't make sense'.

'This has left us with some clauses in the settlement agreement referring to clauses that make no sense in the copy of the contract that is mentioned as was supplied.'

[Billwyman]

Thanks ECHat11, if one looks at the latest contract, the settlement agreement makes sense. However, the settlement agreement refers to the original contract of employment. When we (my solicitor and I) asked for a copy of the contract of employment, they (my old employer) sent us the original too, not the latest contract.

What I think I am really asking is can I use the points that:
1. The settlement only references the original contract of employment
2. That they only supplied the original contract of employment when we asked for a copy
As a defence against should they go to court for breach of contract as the settlement agreement changes considerably if you refer to the original contract.

[echat11]

I think you can use points 1 and 2. You would think they would want to get things right in the 'settlement', maybe it is a 'genuine error' on their part.

Ula is the resident employment expert, no doubt she'll pop in and advise. I'd wait to see what she advises.

[ULA]

Hi Billwyman I would suggest a quick phone call to the solicitor who was signed the Advisor's Certificate on the Settlement Agreement should be able to clear this up for you - best to be on the safe side.

[Billwyman]

Thanks Ula, they wanted £400 to answer the question, and I didn't want to know the answer that much.

[ULA]

Really, if that's their hourly rate is would not take an hour to answer that question in my opinion.

If the contract mentioned in the settlement agreement specifically refers to your original one and that is the one provided to your solicitor against which the settlement agreement was signed, then that is what I would suggest you refer to if there is an issue in the future.