What does the clause referring to ‘third parties’ and the ‘Contracts (Rights of Third Parties) Act’ in settlement agreements really mean?

Privity of contract, as a legal doctrine, provides that only individuals who are parties to an agreement or contract can enforce that contract. After consultation of this doctrine in the late 1990’s, the Law Commission recommended a new law that managed exceptions to privity of contract, whereby parties who received the BENEFIT of a contract would be able to enforce that benefit. This law was consolidated as the ‘Contracts (Rights of Third Parties) Act’ 1999. It applies widely to most types of contract, regardless of whether the Act is referred to by said contract, and means that an agreement may…

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Hina Belitz published commenting on the gender pay gap

Our Partner Hina Belitz has been published commenting in the International Bar Association's In House Perspective magazine on the gender pay gap in a Covid era.  The full article can be found on the International Bar Association's website here, but we have provided the text of the article below: Despite some progress on narrowing the gender pay gap, the Covid-19 pandemic and cost-of-living crisis have had a negative impact, leading to concerns about backsliding. In-House Perspective assesses where we are and what it means for counsel. The Organisation for Economic Cooperation and Development (OECD) has found that, between 2000 and 2020, the gender…

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Who knows the difference between a protected conversation and a without prejudice discussion?

Employers and Employees are generally of the agreed understanding that it is sometimes better to bring an employment relationship to a mutually agreed end, rather than subjecting either party to rigorous internal or external (legal) proceedings or processes. Settlement agreements are, in their very existence and also highly common usage, evidence of this understanding. But how do you safely and compliantly begin discussions regarding ending the employment relationship, something which is often a difficult and awkward situation? Employers have long sought a way in which they can instigate discussions regarding an employee’s position in the business or organisation without any…

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Should ‘reasonable assistance’ clauses in settlement agreements be subject to a time limit?

Settlement agreements, as most of our readers will know, require some specific clauses to be legally binding. These include confirmation that the employee has received legal advice as to the terms and effect of the agreement, and also that this adviser is named within the agreement. Other clauses in settlement agreements (e.g. confidentiality clauses) may be popular, but they are not in fact required. One of these popular but non obligatory clauses used to close off the end of an employment relationship, especially with senior staff, is one confirming that the employee will provide relevant assistance to the employer in…

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Hina Belitz published in Solicitors Journal on Reasonable Adjustments in the Workplace

Our Partner Hina Belitz has been published in the Solicitors Journal discussing one of her expert topics, neurodivergence and reasonable adjustments. The full article can be found on the Solicitors Journal website here, but we have provided the text of the article below: Hina Belitz reviews the practicalities of discrimination law and equality practices at work Discrimination law is challenging, but disability discrimination law where it relates to neurodivergent conditions can prove even more so. I recently commented on the December 2022 employment tribunal decision of Jandu vs Marks and Spencer (2200275/2021), which considered in detail ‘reasonable adjustments’ in relation…

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