Settlement Agreements – DAY 3 of 3 – The role of the lawyers and finalising the agreement

Bob is now seeking independent legal advice on his settlement agreement. He wants everything finalised as soon as possible. We explain to the employee the terms and effect of the settlement agreement and, importantly, the agreement is a full and final settlement of any issues or potential claims. Bob therefore will understand the terms of the agreement and its effect upon his or her ability to present a complaint to an Employment Tribunal. Usually, the employee accepts a sum of money in return for agreeing not to bring certain legal claims against the employer. In this way, the employees’ rights are…

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Settlement Agreements – DAY 2 of 3 – The Draft Settlement Agreement

Following on from the ‘without prejudice’ meeting with Bob, you need to provide him with a draft settlement agreement in order for him to obtain legal advice. However, can you draft a good Settlement Agreement on behalf of the company? Remember that the terms of the agreement should protect the company, however, they are negotiable! As mentioned previously, Settlement Agreements are very useful tools to an employer. They effectively draw a line under the employment relationship and therefore provide comfort to you that your employee will not bring any employment related claims against you. In short, a Settlement Agreement is…

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Settlement Agreements - DAY 1 of 3 - ‘’Without Prejudice’’ Discussions

Bob Sinclair has been employed for 3 years as a Sales Executive. The relationship was great. Bob was very enthusiastic and 100% committed to his job. A year ago, you noticed a change in his behaviour, his attitude to work and his failure to meet targets. This was unexpected but this decline carried on throughout the year. Meetings were arranged to try and understand what is going on and what, if anything, the company can do to help. However, Bob showed no interest and was not willing to communicate. It is now December 2017 and you feel like he can’t work…

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5 Employment Law decisions to look out for in 2017

Here are 5 significant employment law decisions expected in 2017, dealing with employment status, holiday pay and more. Employment Status Aslam and others v Uber BV and others (Employment Appeals Tribunal) This was one of the most talked about tribunal case in 2016. The employment tribunal decided that Uber drivers are workers rather than self-employed. This means that they entitled to all protections offered to an employee such as recieving the national minimum wage and paid annual leave. The issue is now expected to go to the Employment Appeal Tribunal (EAT). There are similar claims pending against the likes of…

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How prepared is your organisation for Christmas in the workplace: 5 common employer queries

Try not to end the year on a bad note. Workplace Christmas parties may bring up issues of conduct and discrimination. Us employment lawyers come back to work with several files on our desk with employers seeking advice on this matter. As well as the above, holiday and overtime issues tend to arise around this time. Here are the top 5 common employer queries during this festive time: What should employers do to prepare for the festive season? Managers should familiarise themselves with their employer’s policy on work-related social events. Furthermore, it is advisable for employers to consider issuing a statement…

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