Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.
Please explain the circumstances in some more detail. Why did you sign a compromise agreement and how long had you worked there for?
Thank you. It is very unlikely that you can overturn the settlement agreement now – it is too far down the line to do so. Any claim would have had at most 6 years as a time limit to be pursued and as we are now 9 years after the event, you are still at least 3 years too late to do anything about it. You may have disagreed with the decision and it may still bother you, but this matter is best put to bed now as you will just waste further time and resources trying to pursue something which is not there and cannot be done.
I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?
9 years is a very long time to even claim that. The chances are pretty slim – it is up to you whether you pursue it or not but it certainly won’t be easy and you will likely need formal representation as it can get quite technical to raise such an argument
When you say you are trying to overturn the agreement, what are you trying to do exactly, what are you hoping to achieve as a result?
So you just want to be able to say things to others about it?
The way around this won’t be to go and make a claim to overturn the agreement. What you have to do is potentially breach it, by talking to people about it and then it is for the employer to decide if they want to pursue you under the original agreement and take you to court. If they do, that is where you would argue that the agreement should be overturned instead. Does this clarify things a bit more for you?
All the best