Practice, procedure and settlement

View Employment by content type:

News

Practice notes

Precedents

Q&As

Latest Employment News

Compulsory training before a job starts may well attract national minimum wage (Opalkova v Acquire Care)

The following Employment news provides comprehensive and up to date legal information on Compulsory training before a job starts may well attract national minimum wage (Opalkova v Acquire Care)

Employment weekly highlights—29 July 2021

The following Employment news provides comprehensive and up to date legal information on Employment weekly highlights—29 July 2021

Constructive dismissal is capable of constituting section 26 EqA harassment (Driscoll v 1) V & P Global 2) Varela)

The following Employment news provides comprehensive and up to date legal information on Constructive dismissal is capable of constituting section 26 EqA harassment (Driscoll v 1) V & P Global 2) Varela)

The tax implications of hybrid working arrangements

The following Employment news provides comprehensive and up to date legal information on The tax implications of hybrid working arrangements

Featured Employment content

Direct discrimination

Direct discriminationIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...

Guarantee payments

Guarantee paymentsThis Practice Note explains the right to a guarantee payment, which provides limited pay protection for certain employees who are...

Protective awards

Protective awardsThis Practice Note examines claims for protective awards following an employer’s failure to carry out collective redundancy...

Checklist—immigration-related requirements on a TUPE transfer

This Checklist gives an overview of the immigration matters that should be considered on a relevant transfer under the Transfer of...

Practice notes

Unfair dismissal time limit

Unfair dismissal time limitThree months beginning with the effective date of terminationAn unfair dismissal claim must generally be submitted to the...

19th May

Practice notes

Unfair dismissal remedies—general

Unfair dismissal remedies—generalCoronavirus (COVID-19): The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020...

19th May

Practice notes

Preliminary hearings in the employment tribunal

Preliminary hearings in the employment tribunalCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during...

19th May

Practice notes

Discrimination arising from disability

Discrimination arising from disabilityThis Practice Note covers an Equality Act 2010 provision which had no equivalent under the law which applied...

19th May

Practice notes

Wrongful dismissal compensation

Wrongful dismissal compensationThis Practice Note examines the remedies (heads of claim) available in the case of dismissal in breach of an employment...

19th May

Practice notes

Equality of terms: definition of 'pay'

Equality of terms: definition of 'pay'IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...

19th May

Practice notes

Definition of redundancy

Definition of redundancyIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into...

19th May

COVID-19

In-house

Practice notes

Smoking in the workplace

Smoking in the workplaceProviding a smoke-free workplace (in enclosed or substantially enclosed premises) has been obligatory in England since 1 July...

19th May

Practice notes

Statutory minimum notice

Statutory minimum noticeSection 86 of the Employment Rights Act 1996 (ERA 1996) provides for a statutory minimum period of notice that must be given...

19th May

In-house

Practice notes

Types of whistleblowing claim

Types of whistleblowing claimIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...

19th May

Practice notes

Disclosure in employment tribunal proceedings

Disclosure in employment tribunal proceedingsCoronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the...

19th May

Practice notes

Definition of dismissal in unfair dismissal

Definition of dismissal in unfair dismissalTo succeed in a claim of unfair dismissal, the claimant must establish that they were dismissed by the...

19th May

In-house

Precedents

Costs warning letter (employment tribunal)

[ON YOUR LETTERHEAD][Name and address of other party, or other party’s solicitor]Dear [insert contact name][Insert subject of letter, eg names of...

19th May

Practice notes

Applicable law—which system of law applies to the contract or employment relationship

Applicable law—which system of law applies to the contract or employment relationshipThis Practice Note examines how to determine which system of law...

Produced in partnership with Edward Kemp of Littleton Chambers 19th May

Precedents

ET3 grounds of resistance—unfair dismissal: protected disclosure

1Paragraph 1 of the Grounds of Claim is admitted.2As to paragraph 2 of the Grounds of Claim, it is denied that the Claimant’s colleagues were...

19th May

Precedents

Application—postponement or adjournment of hearing

[Insert date][Insert] Employment Tribunal[insert address]To the [insert] Employment Tribunal[Insert case name]Case No: [Insert case number]...

19th May

Most recent Practice, procedure and settlement content

Q&As

Where an employment tribunal claim comprises a number of claims or relevant proceedings, can the parties validly settle one (or more) of those claims by way of an Acas-conciliated COT3 agreement without settling all of them, with the effect that the claims that have not been settled can proceed?

Where an employment tribunal claim comprises a number of claims or relevant proceedings, can the parties validly settle one (or more) of those claims...

31st Jul

Q&As

Where a claimant provides an impact statement and medical records for the purposes of proving disability in an employment tribunal claim, and the employer subsequently forwards these to its occupational health advisers for the purposes of producing a report on the claimant (without the claimant’s consent), what are the claimant’s potential remedies, eg under the data protection legislation and the Access to Medical Reports Act 1988?

Where a claimant provides an impact statement and medical records for the purposes of proving disability in an employment tribunal claim, and the...

31st Jul

Q&As

Can a staff counsellor employed by the respondent employer be called as a witness in employment tribunal proceedings, even if the counsellor has concerns about breaching their duty of confidentiality towards the claimant employee?

Can a staff counsellor employed by the respondent employer be called as a witness in employment tribunal proceedings, even if the counsellor has...

31st Jul

Q&As

On a relevant transfer under TUPE 2006, can one of the parties to the transfer (ie the transferor or the transferee) enter into a settlement agreement with an employee in relation to a claim arising under TUPE 2006 which will protect that party from liability in respect of TUPE 2006 if the other party fails to reach a settlement?

On a relevant transfer under TUPE 2006, can one of the parties to the transfer (ie the transferor or the transferee) enter into a settlement agreement...

31st Jul

Q&As

Can an application to the employment tribunal for a postponement or adjournment can ever be made without notifying the other side of the reason for it?

Can an application to the employment tribunal for a postponement or adjournment can ever be made without notifying the other side of the reason for...

31st Jul

Q&As

How do you calculate the time limit for submitting an unfair dismissal claim to the employment tribunal?

How do you calculate the time limit for submitting an unfair dismissal claim to the employment tribunal?For information:•on time limits for the...

31st Jul

Q&As

Will the Redundancy Payments Office make payment to the former employee of an insolvent business where the employee entered into a settlement agreement with the former employer?

Will the Redundancy Payments Office make payment to the former employee of an insolvent business where the employee entered into a settlement...

31st Jul

Q&As

Can a solicitor sign a settlement agreement (not as a deed) on behalf of the employee, if he has the employee’s authority to do so?

Can a solicitor sign a settlement agreement (not as a deed) on behalf of the employee, if he has the employee’s authority to do so?One of the...

31st Jul

Q&As

Where, in response to an employee’s contract claim in the employment tribunal, the respondent employer makes a contract claim (ie a contractual counterclaim), how does the claimant employee respond to that contractual counterclaim?

Where, in response to an employee’s contract claim in the employment tribunal, the respondent employer makes a contract claim (ie a contractual...

31st Jul

Q&As

In light of data protection and the GDPR, when preparing a document bundle for an employment tribunal, can redacted versions of documents be included, or are unredacted copies required?

In light of data protection and the GDPR, when preparing a document bundle for an employment tribunal, can redacted versions of documents be included,...

31st Jul

Q&As

What is the authority for communications during the Acas early conciliation process being regarded as without prejudice?

What is the authority for communications during the Acas early conciliation process being regarded as without prejudice?Under section 18(7) of the...

31st Jul

Q&As

Can a settlement agreement provide for an employee to be placed on furlough under the Coronavirus Job Retention Scheme (CJRS) for three months, during which time their salary will be funded by a CJRS grant, and to be paid a statutory redundancy payment at the end of that period?

Can a settlement agreement provide for an employee to be placed on furlough under the Coronavirus Job Retention Scheme (CJRS) for three months, during...

31st Jul

COVID-19

Q&As

The tribunal rules say applications for a postponement less than seven days before the hearing require the other party's consent. Is that seven working days or seven calendar days?

The tribunal rules say applications for a postponement less than seven days before the hearing require the other party's consent. Is that seven...

31st Jul

Practice notes

Taxation of payments in lieu of notice or PILONs—pre-6 April 2018 [Archived]

Taxation of payments in lieu of notice or PILONs—pre-6 April 2018 [Archived]ARCHIVED: This Archived Practice Note outlines the pre-6 April 2018 tax...

Produced in partnership with Lesley Fidler and David Heaton of Baker Tilly for Tolley’s Tax Digest and Sam Whitaker of Shearman & Sterling LLP 31st Jul

Practice notes

Pension issues in employees’ settlement agreements

Pension issues in employees’ settlement agreementsThis Practice Note looks at pensions-related issues that can arise under settlement agreements...

Produced in partnership with Wyn Derbyshire of gunnercooke LLP 31st Jul

Q&As

Does a settlement agreement, eg under section 203 of the Employment Rights Act 1996, have to be executed as a deed? When executing documents by a company acting by its officers, do their signatures need to be witnessed?

Does a settlement agreement, eg under section 203 of the Employment Rights Act 1996, have to be executed as a deed? When executing documents by a...

31st Jul

Practice notes

Taxation of payments for restrictive covenants or undertakings

Taxation of payments for restrictive covenants or undertakingsRestrictive covenants or undertakingsThese are undertakings given by employees during...

Produced in partnership with Sam Whitaker of Shearman & Sterling 31st Jul

Practice notes

Foreign service exemption for termination payments

Foreign service exemption for termination paymentsThe foreign service exemption is, broadly, an exemption from income tax which applies to termination...

Produced in partnership with Sam Whitaker of Shearman & Sterling 31st Jul

Precedents

Share plan clauses in settlement agreements

Share plan clauses in settlement agreements1Details of AwardsAs at the Termination Date, you hold awards granted to you relating to the shares of [the...

Produced in partnership with Sam Whitaker of Shearman & Sterling 31st Jul

Practice notes

ET rules (rules applying from Monday 29 July 2013, as amended)

ET rules (rules applying from Monday 29 July 2013, as amended)Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013SI...

31st Jul

First
1
2
3
4
5
Last

Practice, procedure and settlement

View Employment by content type:

Latest Employment News

Compulsory training before a job starts may well attract national minimum wage (Opalkova v Acquire Care)

Employment weekly highlights—29 July 2021

Constructive dismissal is capable of constituting section 26 EqA harassment (Driscoll v 1) V & P Global 2) Varela)

The tax implications of hybrid working arrangements

Featured Employment content

Direct discrimination

Guarantee payments

Protective awards

Checklist—immigration-related requirements on a TUPE transfer

Most recent Practice, procedure and settlement content

Popular documents

Pension commencement lump sums (PCLSs)

Mediation—advantages and disadvantages

Negligence—key elements to establish a negligence claim

Deed of surrender

Contact Us

Popular Links

Policies

Follow us