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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Upon termination of employment, there is usually a

Resolved Question:

Upon termination of employment, there is usually a settlement agreement.After signing the agreement the employee has no legal claims against the company, nor any of the other employees of the company.I was wondering in what instances would a former employee sue / make a claim against former bosses or colleagues.Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Please can you provide some background information on this case so that I can advise?

Expert:  Ben Jones replied 1 year ago.

Actually I can give you some examples anyway. The usual circumstances of claiming against other employees, rather than the company, is in the case of discrimination. So if someone has discriminated against you, say because of your gender, race, age, religion, etc then they would have personal liability and a claim can be made against them as an individual. So this is the most common circumstances in which a claim would be made against an individual in employment cases.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
To be clear, if I have a discrimination case against my former employer, I can also place a claim against individuals at the company for discrimination. Is there a legal time line to take action against former colleagues or individuals. For example, there is 3 months from termination that one can file against the company. How long before one can file against individuals?Thanks
Expert:  Ben Jones replied 1 year ago.

yes you can personally claim against someone who has discriminated against you - it is the same time limit and it is not actually 3 moths from termination but 3 months from the date of the discriminatory act

Customer: replied 1 year ago.
I understand.. Last question.. If the discriminatory act is "making someone redundant" for discriminatory reasons, wouldn't the act be the termination date?Thanks
Expert:  Ben Jones replied 1 year ago.

yes it would

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Customer: replied 1 year ago.
sorry.. final question. It is possible to make and employment tribunal claim, and individual claims in the same instance.
thx
Expert:  Ben Jones replied 1 year ago.

The individual claim is made in the tribunal as well, so what you do is make the claim and you can include both the company and the individuals as respondents