Tag Archives: compromise/settlement agreements

UK: Settlement agreements – the inclusion of statutory maternity payments should be express

Where an employer is negotiating a settlement agreement with an employee who is or will be entitled to statutory maternity pay (SMP), the agreement should expressly set out the sum of SMP being paid (which will be subject to NICs) … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Acas guidance on protected settlement discussions

Acas has published a non-statutory Guide to accompany the statutory Code on the new settlement discussion regime which came into effect on 29 July 2013.  The new regime provides a degree of protection for discussions about possible termination of employment … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Employers should update their precedent compromise agreements with effect from 29 July 2013

On 29 July 2013 statutory compromise agreements needed to waive statutory employment claims will be renamed "settlement agreements", under s.23 of the Enterprise and Regulatory Reform Act.  Most of the relevant legislation setting out the conditions for such agreements is … Continue reading

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Filed under Employment law reforms, Jurisdiction: UK, Termination of employment

UK: Termination – final version of Acas Code on settlement agreement discussions

ACAS has published its response to consultation on a statutory Code of Practice on settlement agreements, and in particular on the new provision for employers to have "protected settlement discussions" introduced by the Enterprise and Regulatory Reform Act and planned … Continue reading

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Filed under Employment law reforms, Jurisdiction: UK, Termination of employment

UK: Consultations on Acas Codes: settlement discussions and flexible work requests

Acas has published an initial draft Code on settlement discussions, for consultation until 9 April 2013.  This relates to the provisions in the Enterprise and Regulatory Reform Bill to enable employers to hold termination settlement discussions prior to starting a … Continue reading

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Filed under Family-friendly rights, Jurisdiction: UK, Termination of employment

UK: Government confirms plans for settlement agreements and unfair dismissal compensation cap

The Government has today published its response to its 'Ending the employment relationship' consultation (summarised here).  The key announcement relates to the cap on the compensatory award for unfair dismissal, currently £72,300 (and due to increase to £74,200 from 1 Feb … Continue reading

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Filed under Employment law reforms, Jurisdiction: UK, Termination of employment

UK: Compromise agreement: legal costs indemnity may cover alleged crimes

The Court of Appeal has overturned a High Court decision (see here) on the scope of a compromise agreement indemnity for legal costs in defending proceedings as a result of his job, ruling that this was not limited to the … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Employment law reform – consultations on settlements, unfair dismissal compensation and tribunal rules

The Government's position on a number of employment law reform proposals became a little clearer this month with the announcement of two new consultations, on termination and tribunal rules. The consultation on "Ending the employment relationship" seeks views by 23 … Continue reading

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Filed under Employment law reforms, Employment tribunal process, Jurisdiction: UK, Termination of employment

UK: Compromise agreement – scope of legal fees indemnity

Where a compromise agreement includes an indemnity for legal fees incurred in “any administrative, regulatory, judicial or quasi-judicial proceedings” as a result of holding the job, this does not cover fees incurred in criminal proceedings relating to the ex-employee’s personal … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Employment law reforms – April 2012 government plans confirmed, new proposals and calls for evidence

The last month has seen a raft of government proposals for changes to employment laws.  Details were included in a speech made by the Business Secretary Vince Cable on 23 November, BIS's Response to the Resolving Workplace Disputes consultation, and … Continue reading

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Filed under Employment law reforms, Employment tribunal process, Equality Act, Jurisdiction: UK, Redundancy, Termination of employment, TUPE, Whistleblowing