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October 2013

Employment Law Update – October 2013

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It’s been a very busy last few months with changes in Employment Law and it’s not over yet. There is more to come.  Here’s a catch up on some of the recent key changes and what’s ahead of us.

SETTLEMENT AGREEMENTS AND PRE TERMINATION NEGOTIATIONS
With effect from 29th July 2013, Compromise Agreements have been re-named as Settlement Agreements.

In addition, conversations between the employer and employee with a view to ending the employment relationship under a settlement agreement are not admissible as evidence in most unfair dismissal claims. However, discussions will not be protected if the reason for parting company is for an automatically unfair reason and…..  Claimants can rely on what was said during pre-termination negotiations as evidence in other types of claims they may want to bring e.g. a discrimination claim or a claim for breach of contract. Therefore it may be worth considering following the “without prejudice” principles for some pre-termination discussions. Read More