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.
Updated to include information on the EAT decision in Tanveer v East London Bus & Coach Company Ltd on the extension of time limits to facilitate early conciliation.
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.
A model letter confirming that an employee has been given independent legal advice before entering into a settlement agreement.
A model settlement agreement for use on termination of employment when you want to prevent an employee from issuing proceedings in relation to infringement of his or her statutory employment rights.
HR and legal information and guidance relating to settlement through settlement (compromise) agreements.