Q&As

Does the local authority have to be a party to a settlement agreement between the governing body of a voluntary aided school and an employee of that governing body?

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Published on LexisPSL on 30/07/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Does the local authority have to be a party to a settlement agreement between the governing body of a voluntary aided school and an employee of that governing body?

Does the local authority have to be a party to a settlement agreement between the governing body of a voluntary aided school and an employee of that governing body?

The contracting-out provisions set out (for example) in section 203 of the Employment Rights Act 1996 (ERA 1996) work by:

  1. imposing a basic rule that any agreement reached between persons that purports to prevent a person from making, or proceeding with, a claim to an employment tribunal is void to that extent

  2. setting out exceptions to that basic rule, the effect of which are that the claim (or potential claim) can validly be settled between the parties

The exceptions are:

  1. agreements reached following conciliation under the auspices of an Acas conciliation officer

  2. agreements that comply with the conditions regulating settlement agreements

For further information generally, see Practice Note: Settlement, withdrawal, dismissal of claims and consent orders in the employment tribunal.

For further information on settlement agreements, see Practice Notes:

  1. Settlement agreements in employment—legal requirements

  2. Settlement agreements in employment—practical and tax issues

If an employer or other entity wishes to rely on a settlement agreement to prevent an employee from bringing potential employment tribunal claims against it, it will need to ensure that:

  1. it is a party to the agreement, and

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