University Of Kent v Fitzgerald [2002] EWCA Civ 868 (31 May 2002)

University Of Kent v Fitzgerald [2002] EWCA Civ 868 (31 May 2002)

The compromise agreement, properly construed, precluded Ms Fitzgerald from bringing claims for disability discrimination or breach of contract arising from the inclusion and enforcement of the PhD requirement in her employment terms. The Employment Appeal Tribunal was correct to find that the Employment Tribunal had no jurisdiction to hear the claims, as they were settled by the agreement.

Citation
[2002] EWCA Civ 868
Parties
Appellant/respondent: University of Kent; Respondent/applicant: Maureen Fitzgerald
Jurisdiction
England and Wales
Judgment Date
31 May 2002
Procedural Posture
Employment Appeal / Renewed Application for Permission to Appeal to the Court of Appeal From the Employment Appeal Tribunal
Outcome
Permission to appeal refused
Legal Topics
Compromise Agreements, Jurisdiction of Employment Tribunal, Disability Discrimination Act 1995, Interpretation of Settlement Agreements
Employment Law Contract Law Disability Discrimination Compromise Agreements Jurisdiction of Employment Tribunal Disability Discrimination Act 1995 Interpretation of Settlement Agreements

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Parties

University of Kent

Appellant/respondent

Maureen Fitzgerald

Respondent/applicant

Procedural Posture

Employment Appeal / Renewed Application for Permission to Appeal to the Court of Appeal From the Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal had jurisdiction to hear claims of disability discrimination and unfair dismissal in light of a prior compromise agreement
  2. 2 Proper construction of clause 4(b) of the compromise agreement

Ratio Decidendi

The compromise agreement, properly construed, precluded Ms Fitzgerald from bringing claims for disability discrimination or breach of contract arising from the inclusion and enforcement of the PhD requirement in her employment terms. The Employment Appeal Tribunal was correct to find that the Employment Tribunal had no jurisdiction to hear the claims, as they were settled by the agreement.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused