Updated to include information on the EAT decision in Department for Work and Pensions v Brindley on the importance of careful drafting in settlement agreements.
The Employment Appeal Tribunal (EAT) has held that the circumstances surrounding a protected conversation made dismissal appear a foregone conclusion and amounted to a fundamental breach of contract.
David Malamatenios is partner at Colman Coyle solicitors. He rounds up the latest rulings.
In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) confirmed the privilege that applies to protected conversations cannot be waived and extends not only to the content of those protected conversations, but also to the fact of the conversations taking place.
Latest XpertHR research looks at the impact of the new legal framework surrounding pre-termination agreements and examines when, why and how settlement agreements are used by employers to facilitate employee departures.
Many employers will recognise the appeal of being able to agree a termination settlement with an unsatisfactory employee rather than having to go through a lengthy disciplinary or performance improvement procedure. However, employers may be concerned that, by entering into negotiations, they will put themselves at risk of an unfair dismissal claim at the outset. In this article, we explain the legal context and effect of s.111A of the Employment Rights Act 1996, which aims to exclude evidence of "pre-termination negotiations" from unfair dismissal claims.
David Malamatenios is a partner, and Linda Quinn, Krishna Santra, Sandra Martins and Melissa Powys-Rodrigues are solicitors at Colman Coyle Solicitors. They round up the latest rulings.
Additional information on the law on alternative methods of dispute resolution for local authority employers, including the need to make reasonable settlements. To be read in conjunction with the general information on the law on alternative methods of dispute resolution.
HR and legal information and guidance relating to settlement through settlement (compromise) agreements.