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20 April 2021
As a general principle, a civil settlement may not, in most circumstances, compromise the reporting or investigation of a criminal matter. That is not to say that such a settlement could not expressly or impliedly purport to do so, but any such agreement will usually be void, and potentially result in charges against all parties for conspiracy to pervert the course of justice. For instance, the disclosure of sexual assault to police is a breach of the confidentiality provision of the settlement agreement, entitling the employer to pursue a claim for breach of contract. Whether or not such a disclosure is a breach of…

08 April 2021
  How do the statutory rules on suitable alternative employment affect continuity of employment? In the context of re-employment after redundancy, section 138(1)(a) of ERA 1996 states that, "where an employee's contract of employment is renewed, or he is re-engaged under a new contract of employment in pursuance of an offer (whether in writing or not) made before the end of his employment under the previous contract … the employee shall not be regarded as dismissed" for the purposes of a statutory redundancy payment. The renewal or re-engagement must take effect within four weeks of the termination of the old…

31 March 2021
Is an employer entitled to rely on the provisions of a staff handbook, which is expressly incorporated into the contract of employment, in a case where the employer did not provide a copy of the staff handbook to the employee at the time of the employee signing the contract or throughout the employee's employment? While provisions of a staff handbook which were expressly stated to be contractual in the employment contract, would arguably be contractually enforceable, it is difficult to see how an employer could rely on a term that the employee is unaware of. Usually, the terms of a…

25 March 2021
  If one employee in a pool of four employees at risk of redundancy volunteers as part of the consultation to take on a new role prior to any scoring selection process, are they entitled to a statutory four-week trial? If so, and at the end of that trial, they are not happy and it is agreed that the alternative role is not a suitable position, is this particular employee automatically selected for redundancy or does the employer revert back to redundancy consultation with all in the pool and commence the scoring process? There remains a question mark over whether…

16 March 2021
      There is no specific legal prohibition on re-employing a former employee, in the absence of a contractual restriction in the original employment contract or the settlement agreement (or a regulatory or sector-specific restriction, which is outside the scope of our materials).  On a practical level, the circumstances of their departure would obviously be relevant in determining whether it is appropriate to re-engage (as well as potentially being relevant from a regulatory or sector-specific perspective if there are rules on re-engagement when there has been a termination in certain circumstances). It may also be necessary to consider…

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