Fiona Rushforth, a senior associate at Wedlake Bell, leads us through the steps employers need to take when considering issuing a settlement agreement, including considerations around when to begin the process with a "protected conversation" or one that is "without prejudice".
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.
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.
HR and legal information and guidance relating to settlement (compromise) agreements.