The General Release is a broad exemption from all kinds of civil claims arising from litigation. Since the larator abandons all known and unknown claims against the other party, it is necessary to ensure that the relegation party is fully aware of his rights. The decision of the Khanty-Mansiysk Commercial Court Recoveries Limited v. Forsters LLP  EWHC 522 (Comm) may not be of obvious importance to HR practitioners at first glance. However, this decision highlights important considerations for the development of employment comparison agreements. Forsters LLP (Forsters) has entered into a transaction agreement (non-employment related) regarding its unpaid professional fees and a right to a personal guarantee created by a company manager to guarantee payment of these fees. The purpose of the transaction agreement was, on its terms, as shown by the employment cases outlined above, the objective of a transaction agreement is the complete and final settlement of the receivables, but it is not necessarily easy to cover all of them in an agreement. When reaching an agreement, there is not much to consider, especially based on the catch-all rule. However, the drafting of the waiver and release clause must be carefully considered to ensure that you do not compromise future claims that your company may have against an employee, or vice versa, if certain staff claims are to be deleted.
In Hilton UK Hotels Ltd v. McNaughton EATS/0059/04, an employee claimed to pay claims she “believed” had against her employer in a settlement agreement. However, eat found that a staff member was unable to settle future claims that it was not aware of at the time of the transaction agreement. It also specifies that when a worker expires from a future right, he must meet the requirements of the applicable legal provision. The challenge is to determine how many pieces of information to include on each potential claim. Compared to Hinton, this decision indicates that it may be safer to simply determine the legal basis of the law (for example. B unjustified dismissal) without going into details on the basis of such a right.