Medical problems following an unfair dismissal settlement agreement (2 years ago) ?

[calvi83]

Two years ago I was obliged to accept a settlement for unfair dismissal from my former employer. Following this I had 6 months therapy for PTSD/severe depression/anxiety. This is still with me and was not taken into account when the settlement was reached. Is there any way I can claim damages for this as the settlement was 'full and final' .These problems were unforeseen by me and never taken into account in the settlement - but were directly caused by the nightmare they put me through.

[atticus]

probably not.

[PallasAthena]

In your agreement there will be a section listing/describing the claims against your employer that you agree to waive. Please upload onto here that section of the wording. If it contains anything that could identify you or your employer make sure that is covered up.

[calvi83]

In your agreement there will be a section listing/describing the claims against your employer that you agree to waive. Please upload onto here that section of the wording. If it contains anything that could identify you or your employer make sure that is covered up.

Thanks. I'll do that. It just seems grossly unfair that whilst my former boss is swanning around on his yacht my life has been left in bits ! - and I won my appeal !!. If there's no way around this then the law needs changing.

[calvi83]

Looks like they've got it pretty much sown up !!

3. WAIVER OF CLAIMS

3.1 The Employee agrees that the terms of this agreement are offered by the Company without any admission of liability on the part of the Company and are in full and final settlement of all and any claims or rights of action that the Employee has or may have against the Company or its officers or employees arising out of her employment with the Company or its termination, whether under common law, contract, statute or otherwise, whether such claims are, or could be, known to the parties or in their contemplation at the date of this agreement in any jurisdiction and including, but not limited to, the claims specified in Schedule 1 (each of which is waived by this clause) but excluding any claims by the Employee to enforce this agreement; any personal injury claims which had not arisen at the date of this agreement or any claims in respect of accrued pension entitlement.

3.2 The Employee warrants that:

(a) he has received independent advice as to the terms and effect of this agreement and, in particular, on its effect on his ability to pursue his rights before an employment tribunal or court from a relevant independent adviser who is named in and has signed Schedule 2 to this agreement (the “Adviser”);

(b) before receiving the advice, the Employee disclosed to the Adviser all facts and circumstances that may give rise to a claim by the Employee against the Company or its officers or employees;

(c) the only claims that the Employee has or may have against the Company or its officers or employees (whether at the time of entering into this agreement or in the future) relating to her employment with the Company or its termination are specified in clause 3.1; and

(d) the Employee is not aware of any facts or circumstances that may give rise to any claim against the Company or its officers or employees other than those claims specified in clause 3.1.

The Employee acknowledges that the Company acted in reliance on these warranties when entering into this agreement.

3.3 The Employee acknowledges that the conditions relating to settlement agreements under section 147(3) of the Equality Act 2010, section 203(3) of the Employment Rights Act 1996, regulation 35(3) of the Working Time Regulations 1998, section 49(4) of the National Minimum Wage Act 1998 and section 58 of the Pensions Act 2008 have been satisfied. 3.4 The waiver in clause 3.1 shall have effect irrespective of whether or not, at the date of this agreement, the Employee is or could be aware of such claims or have such claims in his express contemplation (including such claims of which the Employee becomes aware after the date of this agreement in whole or in part as a result of new legislation or the development of common law or equity).

[PallasAthena]

I wonder whether this clause would let you bring a claim if your PTSD/severe depression/anxiety has not arisen until after the date you signed the agreement?

"...but excluding any claims by the Employee to enforce this agreement; any personal injury claims which had not arisen at the date of this agreement...".

What is listed in Schedule 1?

If you think you might be able to bring a personal injury claim you should seek professional legal advcie from a solicitor outside this forum.

[calvi83]

I wonder whether this clause would let you bring a claim if your PTSD/severe depression/anxiety has not arisen until after the date you signed the agreement?

"...but excluding any claims by the Employee to enforce this agreement; any personal injury claims which had not arisen at the date of this agreement...".

What is listed in Schedule 1?

If you think you might be able to bring a personal injury claim you should seek professional legal advcie from a solicitor outside this forum.

Thanks that's an interesting point. I'll look into it because officially I wasn't diagnosed until a few months later - although they are aware that I went on anti-depressants within a couple of weeks of my suspension. Well worth making enquiries about though.