Former England Women's boss Mark Sampson reaches settlement with the Football Association

Mark Sampson was dismissed from his role back in September 2017 as a result of evidence emerging of “inappropriate and unacceptable behaviour” with players in his previous managerial role at Bristol Academy.

In response, Mr. Sampson brought a claim for unfair dismissal against the Football Association (‘FA’) with the Employment Tribunal hearing scheduled to take place this week.

It has now been revealed, following an FA statement, that a confidential settlement has been reached to bring the dispute around Mr Sampson’s termination of employment to an agreed close. The FA added “we will not be commenting further on the matter”.

The terms of the settlement will have previously been negotiated by both parties to be incorporated into a settlement agreement.

So, what is a settlement agreement and how is it being used?

In short, a settlement agreement is a legally binding contract whereby Mr. Sampson signs away his rights to bring, in this case, an unfair dismissal claim against the FA. The agreement will waive his rights to bring other specified claims such as discrimination.

A confidentiality clause is fundamental to all settlement agreements, especially those of public interest. Typical wording of the clause could be as simple as “The Employer and Employee agree that they will keep the existence and terms of the agreement confidential”. Upon signing the agreement, if either party was to breach this clause, theoretically the ‘injured’ party would be able to sue them for damages. Consequently, this means, actual settlement package Mr. Sampson has received is likely to never be disclosed.

If you would like to have a discussion regarding settlement agreements, or any other employment or workplace issue, please contact Lloyd Clarke, Senior Associate Solicitor and Employment Law specialist on 01473 229240. Mark Sampson was dismissed from his role back in September 2017 as a result of evidence emerging of “inappropriate and unacceptable behaviour” with players in his previous managerial role at Bristol Academy.

In response, Mr. Sampson brought a claim for unfair dismissal against the Football Association (‘FA’) with the Employment Tribunal hearing scheduled to take place this week.

It has now been revealed, following an FA statement, that a confidential settlement has been reached to bring the dispute around Mr Sampson’s termination of employment to an agreed close. The FA added “we will not be commenting further on the matter”.

The terms of the settlement will have previously been negotiated by both parties to be incorporated into a settlement agreement.

So, what is a settlement agreement and how is it being used?

In short, a settlement agreement is a legally binding contract whereby Mr. Sampson signs away his rights to bring, in this case, an unfair dismissal claim against the FA. The agreement will waive his rights to bring other specified claims such as discrimination.

A confidentiality clause is fundamental to all settlement agreements, especially those of public interest. Typical wording of the clause could be as simple as “The Employer and Employee agree that they will keep the existence and terms of the agreement confidential”. Upon signing the agreement, if either party was to breach this clause, theoretically the ‘injured’ party would be able to sue them for damages. Consequently, this means, actual settlement package Mr. Sampson has received is likely to never be disclosed.

If you would like to have a discussion regarding settlement agreements, or any other employment or workplace issue, please contact Lloyd Clarke, Senior Associate Solicitor and Employment Law specialist, on 01473 229240 or lloyd.clarke@attwells.com.