Welcome to this month's briefing for HR teams and in-house employment counsel – bringing you this month's employment law highlights in an easy-to-read package.
Podcast: misconduct and financial services
In a special podcast, as part of the firm's series ahead of the election, David Gauke, Kirti Tiwari-Mehta and Matthew Ramsey discuss the Labour Party's employment and labour law proposals.
See all policy in practice podcast episodes.
Settlement agreements
We've looked in previous editions at the scope of settlement agreements, particularly whether future claims can be included even if they are not in the contemplation of the parties when the agreement is signed.
The Scottish Court of Session confirmed recently that such claims could indeed be included as long as the drafting was clear enough. Strictly, Scottish decisions are not binding in England, so it is very helpful now to have an English decision confirming the same point. Clients should now be more confident that full and final settlements, or clean breaks, can be achieved.
Redundancy consultation
There is often a tension whenever redundancy exercises are in prospect between destabilising a wider workforce by putting a large number of roles at risk, and risking unfairness by notifying only those provisionally selected. Businesses are often tempted to go for the second option, particularly where the role that may be redundant is a unique one.
A recent case has increased the risk profile of that approach, emphasising that consultation when proposals are still at a formative stage is an essential part of a fair redundancy process, and that includes identification of the appropriate pool. Many employers are likely to want to continue a less destabilising approach, weighing the commercial drivers against the potential risk that might create. We are, of course, on hand to discuss options if your organisation is looking at this area.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
