The EAT has recently decided yes following the case of Frith Accountants Ltd v Law but recognised that it would be usual but not exceptional for a constructive dismissal to be caused or contributed to by any conduct by the employee. In this case, the Claimant Mrs Law was 62 years old and her employer […]
Tag: settlement agreement thrapston
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 […]
Code of Practice for Settlement Agreements
Following on from my post earlier this month, ACAS have now published their Code of Practice on Settlement Agreements. In case you didn’t know, settlement agreements will be the new name for compromise agreements from the 29th July 2013. Check out my earlier post under the Compromise Agreement/Settlement Agreement category on the right.
Compromise Agreements/Settlement Agreements
Compromise agreements or settlement agreements as they are to be commonly know as soon, compromise a claim an employee/worker may have against their employer in return for compensation. Commonly they will bring about the termination of employment but not in every case. For employers, they need to ensure that the agreement is legally binding on […]