Peter Edwards

Devereux Chambers

Peter Edwards is one of the few senior practitioners with a specialism and a thriving practice in both of the complimentary fields of employment law and personal injury. "Noted for cases at the intersection of personal injury and employment law" by Legal 500 2017, he has extensive experience of dealing with ' and cross-examining ' medical experts and is at a particular advantage when dealing with cases involving both areas of law (for example, stress-at-work/workplace injury cases in the High Court and Disability Discrimination claims in the ET and at Appellate-level). He is ranked in both major Directories in personal injury and employment: "He's excellent. If it's a difficult case he'll handle it with absolute aplomb." ' Chambers UK 2017. "He is able to give to provide accurate, focused and succinct advice." ' Legal 500. 'His attention to detail and ability to get to the crux of a case are second to none.' 'Decisive, down-to-earth and robust.' -Chambers UK 2018.

Practice Area

Employment

Panel

Q&A Panel

Qualified Year

1992

Membership

APIL; PIBA; ELA; ELBA; ELAAS

Education

University of Kent at Canterbury

1 Contributions by Peter Edwards

Q&As

COT3 waiving pre-agreement claims: is later victimisation barred?

At the outset, it is essential to recognise that the approach to waiving claims varies according to whether the settlement is concluded by a COT3 agreement (Form COT3) facilitated by Acas, or by an agreement made under section 203 of the Employment Rights Act 1996 (ERA 1996) with confirmation from an independent legal adviser. The distinction is material. In the case of a settlement agreement pursuant to ERA 1996, s 203, the position is plain and uncomplicated. It admits of little ambiguity in practice. Regardless of any express wording, such an agreement cannot validly prevent a claimant from pursuing a later victimisation claim that stems from their having brought the original discrimination proceedings. That outcome follows from ERA 1996, ss 203(1) and (3)(b), which nullify any element of a settlement that does not pertain to the specific proceedings being settled. Accordingly, any provision that purports to settle or waive future victimisation claims, which had not arisen when the agreement was made, would be of no effect and should be treated accordingly...

Employment

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