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Settlement agreements - Claims that can only be settled by Acas conciliation

13 March 2018
xlarge_stock-footage-document-signature-paper-signature-signing-a-printed-form-signature-on-agreement-to-sign-a                   Employers often enter into Settlement Agreements with their employees as a way of settling potential claims that the employee may have against the Employer. But did you know that some claims can only be settled through ACAS Conciliation and some can’t be compromised at all? Claims that can only be settled by Acas conciliation
  • Claims under section 188 of Trade Union Labour Relations (Consolidation) Act (TULCRA) for failure to inform and consult with appropriate representatives on collective redundancies. However, it is possible to use a settlement agreement to compromise an individual employee's right to bring a claim for failure to pay a protective award under section 192 of TULRCA.
  • Claims under Regulation 16(1), Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006) for failure to inform and consult or for failure to pay the compensation that is equivalent to the protective award.
  • Claims under regulation 12(7) of TUPE 2006 for failure to provide employee liability information under TUPE 2006
  • Claims under regulations 5 (right to equal treatment following a qualifying period), 12 (access to collective facilities and amenities),13 (access to employment vacancies) and 17(2) (right not to be subjected to a detriment) of the Agency Workers Regulations 2010 (SI 2010/93).
  • Claims for breach of regulations 5, 6 and 9 under the Employment Relations Act 1999 (Blacklists) Regulations 2010 (SI 2010/493).
  • Claims for breach of regulation 2(2), The Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 (SI 2015/2021) (right not to be subjected to a detriment).
Tomorrow we will send details of claims that are not capable of settlement through a settlement agreement.

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