[co-author: Ellie Serridge]
Our November update includes new case law on settlement agreements, particularly the extent to which they can prevent future claims, satisfying statutory requirements for protected disclosures in whistleblowing cases and an interesting case on redundancy consultation featuring a “pool of one”. It also includes a news roundup on new proposed “strike-breaking” legislation, more news on employment and the menopause, and important employment guidance from the ICO on the monitoring of employees.
While parties are free to settle contractual employment claims by agreement, there are specific statutory provisions which limit an employer’s ability to settle statutory employment claims. These include section 147 of the Equality Act 2010 which applies to the settlement of discrimination claims and section 203 of the Employment Rights Act 1996 (ERA) which applies to the settlement of claims under the ERA such as unfair dismissal. In both cases, the relevant section sets out the conditions which must be met for a settlement agreement to be valid and statutory claims settled. Importantly, this includes a requirement for the agreement to “relate to the particular [statutory] complaint”.
The Scottish EAT recently considered the meaning of “particular complaint”. The case concerned a claimant who had entered into a settlement agreement on his voluntary redundancy. As well as notice and...
FIRST ON FOX: A Mexican national who voted illegally in U.S. elections and falsely claimed to be a citizen has been convicted and could face removal under federal immigration law. The Department o...