Making negotiation before dismissal inadmissible: response to consultation (News, 1 February 2013)

Article summary

Following a redrafting in October 2012 of the proposed legislative provision (to be introduced under the Enterprise and Regulatory Reform Bill) designed to make pre-termination negotiations between an employer and an employee, conducted with a view to terminating employment on agreed terms, inadmissible in any subsequent unfair dismissal proceedings, the Government has published its response to the 'Ending the employment relationship' consultation, part of which concerned the Government's proposals with regard to a new system of 'settlement agreements' that would be dependent on that legislative change. The response explains the Government’s intentions with regard to (1) the introduction of an Acas statutory code of practice to accompany the new system, which will not be overly prescriptive, but will include (a) a non-compulsory template letter for use by employers in initiating such negotiations, and (b) explanatory material regarding what would amount to ‘improper behaviour’ or ‘undue pressure’ in such negotiations, and what would constitute a ‘reasonable period of time' within which...