Confidentially without a Settlement Agreement.

You may have seen in the headlines a case regarding a Policeman who worked for the Gwent police force. PC Baillon took Gwent police to the Employment Tribunal in Cardiff claiming that he had been constructively dismissed.

According to reports, his claim results from an incident (which was caught on video), in which PC Baillon can be seen breaking the window of a car having been pursuing the car for some distance. Allegedly the driver of the car was a 74 year old man who was not wearing a seatbelt. PC Baillon claims that, due to the fact that this video was uploaded onto YouTube and viewed worldwide, he was subjected to being removed from front line duties. He also claims that he was bullied by colleagues on a daily basis. There was significant reaction in the press at the time that the video was leaked as it was viewed as a heavy handed response. However, the PC Baillon was cleared of any wrongdoing during subsequent investigations. However, due to a change in his job role and the treatment that he argues he received from colleagues, PC Baillon resigned in August 2012 claiming he had been constructively dismissed.

Mr Baillon was successful in his claim and it is reported that he was awarded a total of £440,000 which includes loss of wages and a substantial pay out for loss of pension rights. Many employees become anxious about their future job prospects if they are seen to sue a employer.

This is clearly an unusual case but highlights the duration and media attention that tribunal claims can attract in certain circumstances. Similar media reaction has followed recent tribunals relating to religious discrimination. It perhaps should act as a word of warning to anyone wanting to keep the nature of their dispute with employers confidential.

Confidentiality of disputes can only ever be achieved under some form of Settlement Agreement.

del.icio.us digg stumbleupon buzzup BlinkList mixx myspace linkedin facebook reddit.com ma.gnolia.com newsvine.com furl.net google yahoo bebo.com twitter.com technorati.com