Compromise Agreements

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Five things you may not know about compromise agreements

Compromise agreements (soon to be called “settlement agreements”) are familiar to almost all HR professionals.  They are a very common and useful tool in providing employers and employees with a clearly defined break in their...

TUPE: common myths are busted

Whether on a business sale, outsourcing or group restructure, the thought of TUPE being applicable can strike fear into the most hardy HR heart, and perhaps it is this fear of TUPE which has led to a number of myths about situations which are thought not to...

Auntie looks at the problems involved in waiving claims against an employee

Dear Auntie One of our senior employees is leaving the company under a bit of a cloud. We have agreed to enter into a compromise agreement with him. Now he is asking the Company to waive claims against him and to provide an indemnity for him if he is sued...

Non-solicitation covenants

Restrictive covenant-related case law has developed yet again following the recent High Court decisions in Baldwin (Ashby) Limited v Andrew Maidstone and Towry EJ Ltd v Bennett and others .  But it is a subject that never tires Employment Litigation...

Top tips on steps to take when greeted by an employment tribunal claim

Tribunal Services’ statistics for 2010/2011 show that employment tribunal claims were up 77% on the figures for 2008/2009. Its clear from these figures that employees are far more willing to bring claims, which in turn, means that you are now far more...

Societe Generale v Geys when a payment in lieu can cause confusion for you

The Court of Appeal’s decision in Société Générale v. Raphael Geys may be music to the ears of overworked HR departments, but may have unsatisfactory implications for employees who are faced with summary dismissal.  ...

GISDA Cyf v Barratt 2010: When is a dismissal effective?

The decision in the case of GISDA Cyf v Barratt marks a further step towards furthering employee protection over achieving certainty for employers. Why should we care? As we know, assessing the exact date on which a dismissal is effective is important -...

When can an 'Off the Record' chat prejudice your position?

 Employers often want an “off the record” chat with employees to see if they can persuade an employee to leave quickly and amicably under a compromise agreement. Such chats are seen as being more friendly than going through a formal process...

Auntie advises on disciplinary procedures, overlapping grievances and problems with contractual policies

Dear Auntie I am an HR Manager for a medium size company and I have just come back from holiday to a stack of disciplinary matters. Can you help me with a couple of matters which are causing me a real headache:- 1. A male employee has complained...

The High Court decision in Geys v Societe Generale takes employers back to basics

Last month, Fox Williams secured a win for Mr Geys in his employment claim against Société Générale (SocGen).  The High Court decision addressed a number of issues commonly faced by employers with regards to giving notice to...

Top Tips for Team Moves - The Poacher's Perspective

The recent case of Tullett Prebon plc v BGC Brokers LP has highlighted once again the dangers of getting a team move wrong. Both BGC and the team looking to move to BGC came under heavy criticism from the court which held that they had shown a blatant...

Top Tips for Dealing with Employment Tribunal Disclosure

These top tips follow on from the guidance in this month’s Aunty Advice which details the nature of an employer’s obligation to disclose relevant documents as part of the employment tribunal litigation process. Top tips for dealing with...

Auntie Advises on Employment Tribunal Disclosure Obligations

Dear Auntie, We have just returned from a Case Management Discussion and the Employment Tribunal has ordered that disclosure be carried out over the next month.  We have a number of internal documents about the litigation which we would rather not...

Top tips on preparing to defend an employment tribunal claim

According to Tribunal Services' statistics for 2008/2009, claims for unfair dismissal, breach of contract, redundancy pay and failure to inform and consult in redundancy were all up on the previous years’ figures.  In total, 151,000 claims...

Out with the old ... Top tips on handling retirement

Since October 2006 when the Employment Equality (Age) Regulations 2006 (the “Regulations”) came into force, it has been unlawful to discriminate against workers, employees, trainees and job applicants on the grounds of age. The Regulations also...

Ending with a compromise: top tips on compromise agreements

1.   First port of call will be negotiation of the commercial terms of settlement.  Obviously the relevant contractual and statutory claims will be the starting point for assessing the appropriate amount of compensation.  Adjustments...

Reaching a Compromise: top tips for drafting a compromise agreement

Ensure that any discussions which you have with the employee to discuss the terms of the compromise agreement, together with any emails or other documents associated with it are clearly stated to be “without prejudice and subject to...

Are your compromise agreements compromised? A question for the Agony Uncle...

Dear HR Uncle, We have had a difficult time with an employee recently, the result of which was that we decided to terminate his employment. The employee has made complaints about unfair dismissal because we did not follow a process before terminating his...

Dealing with the Inland Revenue can be quite taxing... [sorry!]

Dear hrlaw auntie I work in the Human Resources department of a medium sized manufacturing organisation, and am a little confused by a letter we have recently received from the Inland Revenue. It claims that a payment of under £30,000 that we made...