Historically employers have been concerned over without prejudice discussions and whether they can be relied on later. Some employers are scared of saying the wrong thing or whether they are doing the right thing. The difficulty with without prejudice is that there has to be a dispute between the parties. Something that in itself can […]
Tag: settlement agreement solicitor kettering
Holiday pay
The Advocate General has given his opinion in another holiday pay case on course for the ECJ. In this case the Claimant, Mr Lock, was paid a basic salary and a commission element which varied. Whilst he was on holiday he was paid his basic salary and only the commission that fell due whilst he […]
Settlement Agreements
Here in the UK the only regional differences in settlement agreements are the normal rates for advice contained within them. In some regions the legal fees are £500 plus VAT as standard and the lowest I have seen recently just £200 plus VAT. The same cannot be said for the UK and Ireland. In Ireland, […]
Flexible working
The reputation of some industries for allowing staff to work flexibly is better than others. Research has shown much still needs to be done. I therefore read with interest two articles published in our own professional magazine, the Law Society Gazette on this very issue this week. It is quite clear that as lawyers we […]
The problem with Haringey
This blog is not about the rights and wrongs of the decision to dismiss Sharon Shoesmith following the Baby P case in Haringey, although I am sure many readers have a view on the subject. Instead, it is about the misreporting of the case itself. I am sure we have all read the press coverage […]
Settlement Agreements
I often get asked what sort of amendments are usually needed to compromise agreements, which have of course been renamed settlement agreements. Well I can count on one hand the amount of times that I have signed a compromise agreement in its first draft. As it has been drafted by the employer, it is common […]
Improper behaviour in settlement discussions
Settlement discussions and pre-termination remain the hot topic at the moment as they bed into practice. The discussions are confidential and cannot be used in evidence in ordinary unfair dismissal cases. No such rules apply in automatically unfair dismissal cases or other claims such as discrimination claims. If the discussions arose out of an existing dispute […]
Guide to Compromise Agreements/Settlement Agreements
Alongside the Code of Practice on Settlement Agreements formerly known as Compromise Agreements, ACAS has published a helpful guide. It is not a legal requirement to follow this and it does not have the same status as the Code of Practice I blogged about on the 23rd July 2013. This may however, assist employers with […]