Settlement Agreements – a lesson in the art of the compromise and the importance of pragmatism

I would say I advise over 200 individuals a year on the contents and effects of settlement agreements they have received from their employer. The situations in which these individuals find themselves are varied and extensive; some (more senior) employees have seen these documents before and have likely done a considerable amount of negotiation with internal players themselves prior to seeking my services. They are effectively looking for me to ‘rubber stamp’ their agreement and to move on. Others may have never seen such an agreement before but understand the essence of the document as a compensatory (non-punitive) instrument which…

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What happens when an employee’s potential misconduct is linked to their neurodivergence?

An autistic employee who was fired for sexual harassment after leaning against a female colleague and calling her ‘pretty’ and ‘priceless’ has succeeded in claims for indirect discrimination, failure to make reasonable adjustments, disability discrimination and unfair dismissal under the Equality Act 2010. This case illustrates the need to be sensitive to the nature of neurodiversity and the needs of neurodiverse employees, especially where their condition may impact their understanding of appropriate behaviour in the workplace. The tribunal in J Clarke v Marks and Spencer plc confirmed the importance of making reasonable adjustments and the potential this has to prevent…

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What does the new Flexible Working Bill really mean for employees?

Our Partner Hina Belitz has recently been published in the Solicitor's Journal discussing one of the Government's proudest achievements regarding employee support this year; the Flexible Working Bill. This Bill, which makes it slightly easier for employees to request working pattern adjustments and similar, is being hailed as a shining light of employee support. But is it? Hina's article, which you can find here and of which the text is reproduced below, considers whether this bil is quite all it is lauded as: Flexible Working Bill unlikely to bring end to discrimination claims While the government’s new Flexible Working Bill…

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Can you force employees back to the office? Hina comments on Times Radio

Our Partner Hina Belitz was excited to be on Times Radio yesterday, with Chloe Tilley and Calum Macdonald, discussing an interesting news story about flexible working and return to the office. In response to excellent questions from Chloe and Calum about whether it is lawful to *force* employees back to the workplace, Hina explained that whilst 'it depends' is normally the right answer, so is the fact that contract is king, and that this whole matter focuses on the content and context of an employee's employment contract (e.g. whether they have flexible working within that or not). Hina then discussed…

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How should employers conduct investigations into senior employees?

Our Partner Hina Belitz has been interviewed for the Legal 500's In house Magazine discussing how to properly investigate senior employees; a difficult topic and a highly political one at most organisations. It is a regulatory minefield and one it is important to get right, as an employer, to avoid significant liability. We have reproduced some of Hina's comments below, but recommend taking a look at the whole article and points from other lawyers also at the link here. Hina Belitz, a partner at Excello Law, says: ‘if a complaint or concern is properly investigated, assessed, and dealt with…

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