KA-2024-000188 - [2025] EWHC 2869 (KB)

This is an appeal against the Order of Recorder Gallagher (“the Judge”) dated 19 September 2024, following the handing down of judgment for the Respondents at the Staines County Court.

The First Claimant/Respondent (“Tates”) is a firm of estate agents, owned and run by the Second Claimant/Respondent (“Mr Gottlieb”). The First Defendant/Appellant (“Ms Nicholas”) worked for Tates from 2007 to 2020. The Second Defendant/Appellant (“Mr Asombang”) is Ms Nicholas’ cohabiting partner. By a settlement agreement dated 5 June 2020, Tates and Ms Nicholas agreed terms regarding the termination of her employment with Tates. Those terms included that Tates would pay Ms Nicholas £25,000 immediately, in addition to £45,000 by way of 9 monthly instalments of £5,000. Tates also agreed to pay the hire charges on Ms Nicholas’ company car until March 2022. The settlement agreement contained warranties from Ms Nicholas to the effect that there were no circumstances existing at the date of the agreement which would have entitled Tates to terminate Ms Nicholas’s employment without notice or payment in lieu of notice.

Tates paid the £25,000 initial payment and the first 4 monthly payments of £5,000, plus £4,268.70 car hire charges. In October 2020 Tates ceased making payments, on the grounds that Mr Gottlieb had discovered serious acts of gross misconduct committed by Ms Nicholas during the course of her employment. Ms Nicholas denied any misconduct and sought payment of the sums outstanding under the settlement agreement.