HMRC has published its draft legislation concerning the proposed changes to the taxation of termination payments. The changes are expected to come into force in April 2018 as consultation on the proposed legislation continues until 5th October 2016. The proposed changes are to make all PILON payments taxable and subject to class 1 NIC’s deductions […]
Tag: settlement agreement solicitor northampton
What is a settlement agreement?
A settlement agreement is a legally binding agreement between two parties, which was previously known as a compromise agreement. It is normally between an employer and an employee or two parties that were in that relationship before employment terminated. The employee agrees not to bring any claims against their employer in return for a lump […]
Asda faces equal pay claims
An equal pay test case has been brought by 414 employees of Asda. The Claimants who are mostly women assert that their store roles are of equal value to higher paid positions in the Asda distribution centres which are held by mainly men. The press reports are that the case is before the Tribunal over […]
Business Briefing – Restrictive Covenants
The issue of restrictive covenants often raises its head throughout the employment life cycle. Firstly, there is at the contract stage. I am asked to look at these when drafting contracts for employers or indeed reviewing a draft contract for a new employee. Secondly, at the exit stage when I am asked by employers to […]
Fees in the Employment Tribunal
For those that follow me on Twitter the news that Unison failed in its judicial review of Employment Tribunal fees will by now be old news. Unison have stated that they intend to appeal so this may not be the end of the headlines over the ET fees. Having now read the Judgment it is clear […]
Protected conversations
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 […]
Right to be accompanied
The recent case of Toal and another v GB Oils Ltd before the EAT last year held that the right to choose a companion was an absolute right which was only subject to the limitations imposed under s10(3) of the Employment Relations Act 1999 which defines a companion as an appropriate union representative or one of […]
Interns and national minimum wage
There has been lots of press coverage over the past few months about unpaid work and in particular internships. The Government has recently launched new guidance for interns on the issue of fair pay to help tackle some of the issues around knowledge. HMRC also appears to be taking a more proactive role. HMRC enforces […]
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 […]