Consultant editor Darren Newman argues that any curbing of the abuse of confidentiality clauses needs to be done without detracting from their value in resolving disputes.
Protected conversations can be a good way to agree mutually acceptable exit terms - attractive to employers and employees alike - while protecting your business. Darren Newman, an employment lawyer with more than 20 years' experience, takes you through what you need to do to negotiate successfully.
The Women and Equalities Committee seeks views on the use of non-disclosure agreements (NDAs) in circumstances where harassment or any other form of discrimination is alleged.
Practical guidance on conducting pre-termination negotiations, including the rules on protected conversations under s.111A of the Employment Rights Act 1996 and the without prejudice principle; and how to initiate a conversation with an employee about a possible settlement agreement, while minimising the risk of an unfair dismissal.
Revised to reflect current practice on common terms included in a settlement agreement.
Updated to include information on Luton Borough Council v Haque, concerning the extension of time limits under the early conciliation process.
Updated to take account of changes to the taxation of payments in lieu of notice, effective from 6 April 2018.
In Lenlyn UK Ltd v Kular EAT/0108/16, the EAT held that an employer's offer to an employee of a settlement agreement did not constitute a "protected conversation" because the employer had acted improperly in all the circumstances, and in doing so had also breached trust and confidence.
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.
HR and legal information and guidance relating to settlement (compromise) agreements.