Settlement Agreements - Did you know…

Did you know for a settlement agreement to be binding and valid certain statutory requirements must be satisfied? For a settlement agreement to be valid, certain conditions must be met: The agreement must be in writing. The agreement must relate to a "particular complaint" or "particular proceedings". The employee must have received legal advice from a relevant independent adviser on the terms and effect of the proposed agreement and its effect on the employee's ability to pursue any rights before an employment tribunal. The independent adviser must have a current contract of insurance, or professional indemnity insurance, covering the…

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Back to basics – Employment Law Series – Sexual Harassment

Click here for a copy of our slides from our recent *Sex and the City at Work* Employment Law Seminar at the Law Society. We have put together a 5-part series of blogs in which we will explore the basics and fundamentals of employment law. Today’s focus is sexual harassment. It is critical for all HR officials and businesses to have a sound foundation in employment law so as to limit risk and avoid disputes …so let’s get the basics right! Sexual Harassment – the basics you need to know In this part of blog, we will focus on sexual harassment…

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Relationships at work

You will recently have seen in the news that the CEO of McDonald's has been dismissed after news of his relationship with an employee came to light. The well-known restaurant chain confirmed he had been dismissed for violating company policy. Although there are no general legal rules preventing or governing relationships at work, the collision between the private and public spheres can be problematic from a management perspective and presents various legal and practical concerns for employers. It is now common for employers to want to regulate personal relationships in the workplace. Without any relevant policy in place to…

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Settlement Agreement Essentials

There are times when a without prejudice or protected conversation, (like the ones we have with employees when presenting a settlement agreement), can be raised in court, and can be used against you. If anything said or done is improper or connected with improper behaviour, evidence of pre-termination negotiations can be raised at court if the tribunal considers just to do so. So what amounts to improper behaviour? The Acas Code on Settlement Agreements provides examples of improper behaviour although the list is not exhaustive: All forms of harassment, bullying and intimidation, including through the use of offensive words or aggressive behaviour. Physical assault or the threat…

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Ever wondered exactly what the without prejudice rule is?

In a nutshell, the with prejudice (WP) rule will generally prevent statements made in a genuine attempt to settle an existing dispute, from being put before the court as evidence of admissions against the interest of the party that made them. The rationale is that settlement discussions will be facilitated if parties can speak freely (‘off the record’) and secure in the knowledge that what they have said may not be used against them should the settlement discussions fail. The WP rule only applies to negotiations which take place in a genuine attempt to settle an existing dispute. It…

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