Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. A successful judgment for the unpaid part of the notice period would not prejudice their right to claim for the losses suffered for the remainder of the notice period because these are essentially two separate claims. I also presume they simply wish to settle one part as they may believe that they do not wish to incur further fees defending what may not be a large claim and one which they are likely to lose, whilst reserving their rights to pursue you for the other claim, which they believe they have grounds to sue for. The main thing to watch out for is what you settle for – make sure that you are happy with the terms of any settlement so for example ensure that every aspect you are wishing to be compensated for is covered as once you settle it is unlikely you can go back and challenge them and ask them for more.
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I am really not confident that it would be affected - there are two separate causes of action here for each of you so whilst there is a common link in terms of them being triggered by the notice period, they are claiming entirely different things so that is why I believe a court is unlikely to apply res judicata or similar in these circumstances