Unknown future claims may be settled under the Equality Act 2010 if clearly identified

In Bathgate v Technip Singapore PTE Ltd  the Court of Session has held that Section 147 of the Equality Act (which allows settlement of Equality Act claims) permits the settlement of future unknown claims. Previous Employment Appeal Tribunal (EAT) Judgment suggested that, under Section 147, the statutory wording that it “relates to a particular complaint” must mean that the claim was known to the parties and they existed at the time any settlement agreement was concluded. The Court of Session disagreed and said that Parliament’s intention under Section 147 (allowing claims to be settled under the Equality Act) was that it should be available in respect of future claims, so long as the types of claim are clearly identified at the time of any agreement.

This good news for motor industry employers and gives greater certainty in a settlement agreement that it represents a clean break.   There is now less scope for employees to argue that a future claim which he or she did not know about at the time of the agreement can be pursued (provided it is properly identified in any Settlement Agreement).