Hilton UK Hotels Ltd v. McNaughton [2005] UKEAT 0059_04_2009 (20 September 2005)

Hilton UK Hotels Ltd v. McNaughton [2005] UKEAT 0059_04_2009 (20 September 2005)

The compromise agreement did not exclude the claimant's Equal Pay Act claim because its terms only waived claims the claimant believed she had and had raised with the respondent at the time of signing; as the claimant had no such belief or knowledge, the claim was not excluded.

Citation
[2005] UKEAT 0059_04_2009
Parties
Claimant: Cecilia McNaughton; Respondent: Hilton Group plc
Jurisdiction
United Kingdom
Judgment Date
20 September 2005
Procedural Posture
Employment Appeal / Appeal Against Preliminary Issue Decision
Outcome
Appeal dismissed
Legal Topics
Equal Pay, Compromise Agreements, Pension Exclusion, Sex Discrimination
Employment Law Equality Law Equal Pay Compromise Agreements Pension Exclusion Sex Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

Cecilia McNaughton

Claimant

Hilton Group plc

Respondent

Procedural Posture

Employment Appeal / Appeal Against Preliminary Issue Decision

Legal Issues

  1. 1 Whether the compromise agreement excluded the claimant's Equal Pay Act claim
  2. 2 Interpretation of statutory requirements for compromise agreements

Ratio Decidendi

The compromise agreement did not exclude the claimant's Equal Pay Act claim because its terms only waived claims the claimant believed she had and had raised with the respondent at the time of signing; as the claimant had no such belief or knowledge, the claim was not excluded.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Case remitted to Employment Tribunal to consider remaining issues