Tag Archives: settlement agreements

UK: employers should update template termination agreements in light of April tax changes and developments on NDAs

The tax treatment of payments for termination of employment has changed for terminations taking place on or after 6 April (see our earlier blog post here). The effect of the changes is to fully tax as earnings such part of … Continue reading

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Filed under Jurisdiction: UK, Termination of employment, Workplace culture, diversity and discrimination (including bullying and harassment)

UK: jurisdiction clause in settlement agreement did not prevent proceedings where employee domiciled

The Commercial Court has ruled that a Dutch jurisdiction clause in a settlement agreement waiving claims on termination did not prevent an employer suing the employee in the member state in which he was domiciled (England) in respect of alleged … Continue reading

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Filed under Employment-related claims- procedure and form, International mobility (including secondments, migrant workers, territorial jurisdiction), Jurisdiction: UK

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