Tag Archives: protected conversations (UK)

UK: First EAT ruling on protected settlement discussions

From July 2013 evidence of pre-termination negotiations has been inadmissible in ordinary unfair dismissal claims (see here for further details). This protection was introduced with the aim of enabling employers to hold termination settlement discussions prior to starting a disciplinary … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Termination – scope of “without prejudice” protection

The EAT has confirmed that there is clearly a “potential dispute” giving rise to “without prejudice” protection where an employer has announced an intention to dismiss the employee for misconduct and then negotiated with the employee about an alternative manner … Continue reading

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Filed under Employment-related claims- procedure and form, 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: 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 Jurisdiction: UK, Termination of employment

UK: Employment law reforms – revised timetable

The Government has published revised timings for some of the employment law changes in the pipeline, available here.  It appears that restricting changes to the April/October schedule has been abandoned for the time being.

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Filed under Business sales/transfers, Employment status (including agency workers, casual workers, use of contractors and 'dispatch' arrangements), Employment-related claims- procedure and form, Jurisdiction: UK, Termination of employment, Whistleblowing, Workplace culture, diversity and discrimination (including bullying and harassment)

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 Jurisdiction: UK, Termination of employment, Workplace flexibility and family-friendly rights

UK: Employment law reform – protected settlement discussions

The government has tabled an amendment to the Enterprise and Regulatory Reform Bill to provide that an offer made or discussion held with an employee with a view to terminating employment by agreement cannot be taken into account in unfair … 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 Business sales/transfers, Employment-related claims- procedure and form, Jurisdiction: UK, Redundancy, Termination of employment, Whistleblowing, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: Proposals for change – protected conversations, abolition of unfair dismissal, working time opt-outs

Rumours of a number of proposals being considered by the Government have been published by the press.  Nick Clegg is reported to have suggested that conversations between employer and employee about performance and retirement plans should be protected so that … Continue reading

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Filed under Jurisdiction: UK, Termination of employment, Working hours (including holiday, sick leave, overtime, rest breaks)