Practice, procedure and settlement

Q&As

Where the employer asserts that CCTV footage shows evidence of an employee’s actions that would justify his dismissal, can the employee require the employer to provide them with a copy of that CCTV footage, for the purposes of deciding whether to bring a claim for wrongful dismissal against the employer?

There is no stand-alone right for an employee to require the employer to produce evidence that the employee may find useful in establishing grounds...

24th Dec

Q&As

If, on an ET1 claim form served on an employer respondent (that names the employer and a number of individual former colleagues of the claimant as co-respondents), the work address of the individual co-respondents is provided and those individuals no longer work at that address, are the requirements of the employment tribunal rules satisfied for the purposes of the claim against the employer respondent? Does the employer respondent have a duty to the tribunal to supply the addresses of those individual respondents named in the ET1 who are no longer its employees?

As to the submission of a claim, the information that must be included on the claim form (failing which the tribunal must reject it) includes, among...

24th Dec

Q&As

Can a COT3 Acas-conciliated agreement be used to prevent a data subject from exercising their right to make a data subject access request?

An individual making a data subject access request (DSAR) to a data controller is entitled to obtain from the data controller as to whether or not...

24th Dec

Q&As

Can a claim under the Agricultural Wages Order be waived under a settlement agreement? What are the tax implications of payment under the settlement agreement being made before the termination date?

The response to this Q&A relates to England.Can a claim under the Agricultural Wages Order be settled?Almost all claims that may be brought in an...

23rd Dec

Precedents

Settlement agreement (employment)

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

23rd Dec

Precedents

Settlement agreement (employment) (short form)

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

23rd Dec

In-house

Practice notes

Acas conciliation

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

21st Dec

Practice notes

Without prejudice and pre-termination negotiations in employment

Coronavirus (COVID-19): All proceedings in employment tribunals in England, Wales and Scotland during the coronavirus (COVID-19) pandemic and until...

21st Dec

In-house

Q&As

Where there is a dispute as to the amount of furlough pay received by an employee, does the employment tribunal have jurisdiction to determine whether the amount is correct, or would the employee first have to establish that the amount is incorrect (as they would for other statutory payments) before the tribunal can make a decision?

Disputes over statutory sick pay and other statutory paymentsStatutory sick pay (SSP) is included in the definition of wages set out in section 27(1)...

18th Dec

Q&As

An employee is selected for redundancy (following deletion of their substantive post), and given their full entitlement to notice of termination of their employment in that post. Following expiry of the notice period, the employee is placed employed on the employer’s redeployment register for a further 26 weeks, but the parties then agree to terminate the employment by mutual consent via a settlement agreement before the end of the 26 weeks and before alternative employment has been found. In those circumstances, will the employer need to carry out a post-employment notice pay calculation, even though the employee received their full notice period for their substantive post?

For information on the post-employment notice pay (PENP) calculation generally, see Practice Note: Taxation of payments in lieu of notice (PILONs) and...

18th Dec

Precedents

Acas—settlement where no tribunal claim (COT3)

Acas reference number: [insert number][Agreement following conciliation on a claim made by a claimant to Acas (no application made to tribunal at time...

17th Dec

Precedents

Letter—advice to employee client regarding offer to settle employment dispute

[Insert name and address of client]Private and confidentialDear [insert name]Your[ potential] employment tribunal claim against [Insert name of...

17th Dec

Precedents

Letter—advice to employer client regarding offer to settle employment dispute

[Insert name and address of client]Private and confidentialDear [insert name][Potential employment OR Employment] tribunal claim: [Insert name of...

17th Dec

Precedents

Acas—settlement of tribunal claim (COT3)

Case Number:Agreement following conciliation on a complaint of [insert details of the complaints made by the claimant, eg unfair dismissal, sex...

17th Dec

Precedents

Letter—advice to employer client regarding draft settlement agreement

FORTHCOMING CHANGE relating to Post-Employment Notice Pay: From 6 April 2021, an alternative PENP calculation will be available for employees paid by...

17th Dec

Precedents