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Issues to consider when drafting a settlement agreement—checklist (employer)

Issues to consider when drafting a settlement agreement—checklist (employer) The employer (and its advisers) should consider the following issues: Preparatory steps • Obtain from the employer: ◦ a copy of the departing employee's latest contract of employment/other relevant documents containing contractual terms (NB these may be in a staff handbook) ◦ details of the contractual benefits enjoyed by the employee ◦ relevant information regarding the employee's pension benefits ◦ relevant information regarding any shares/share options, etc held by the employee? Consider the Articles of Association/any relevant shareholder agreement, share scheme documentation, etc. See also Shares and share options below Status of negotiations • Will negotiations take place between the parties directly, or between their respective legal advisers? • How strong is the employer's negotiating position? How strong are the employee's claims or potential claims? In the case of dismissal, is there a fair reason and has the employer carried out a fair procedure? Is the employer in repudiatory breach? What is the employer prepared to offer initially, and is that...

Basic scheme information from 6 April 2014—checklist

Basic scheme information from 6 April 2014—checklist THIS CHECKLIST APPLIES TO OCCUPATIONAL PENSION SCHEMES ON AND FROM 6 APRIL 2014 For information on the requirement to provide basic scheme information before 6 April 2014, see Practice Note: Occupational pension schemes—disclosure requirements before 6 April 2014—Basic scheme information (ARCHIVED) and Checklist: Basic scheme information before 6 April 2014—checklist [Archived]. Basic scheme information requirement Under the Occupational and Personal Pension Schemes (Disclosure of Information) Regulations 2013, SI 2013/2734 (the 2013 Disclosure Regulations), trustees of occupational pension schemes must provide basic scheme information to: • prospective members, and • members who have not already received such information within one month of the scheme receiving their jobholder information or, if no such information has been received, within two months of them joining the scheme. Basic scheme information must also be given at the request of any of the following persons: • a member or prospective member • their spouse or civil partner • a scheme beneficiary, or • a recognised trade union (ie a...

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Industrial action that has statutory immunity—flowchart

Industrial action that has statutory immunity—flowchart FORTHCOMING CHANGE: The legal framework for giving protected status to industrial action and picketing is to be amended under clauses 54 to 61 of the Employment Rights Bill, introduced on 10 October 2024 (see Practice Note: The right to take industrial action—Employment Rights Bill). Clause 118 of the Bill confirms that many of the proposed changes will come into force two months after the Employment Rights Act 2025 is passed. The Strikes (Minimum Service Levels) Act 2023 will be repealed on the day on which the Act is passed. For further information on the Employment Rights Bill, generally, see Employment News Analysis: The Employment Rights Bill, and Employment Rights Bill 2024-views from the sector, LNB News 10/10/2024 85. To track the progress of the Bill through Parliament, see Practice Note: Employment Rights Bill—tracker. The government also launched a public consultation on creating a modern framework for industrial relations. The consultation seeks views on several specific...

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Employment rights and trade unions

This Practice Note considers the employment rights that arise as a result of union membership.An employee or prospective employee has a number of rights relating to their employment that arise as a result of their union membership status. These rights arise:•whether they are a current member of a trade union (union member) or wish to become one•even if they not a union member, and do not wish to become oneThese rights effectively seek to prevent employers from operating what is often referred to as a ‘closed shop’:•an individual has the right not to be refused employment because they are, or are not, a union member (see Right not to be refused employment below)•a worker has the right not to be subjected to any detriment by their employer for the purpose of preventing or deterring them from becoming, or from ceasing to be, a union member (see Practice Note: Right not to be subjected to detriment below)•an employee has the right not to be dismissed because they are, or are not,...

Union status and capacity

This Practice Note considers the statutory definition of a trade union under the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) as well as a union’s capacity to be party to a contract, a party in a civil action and a defendant in a criminal prosecution. It also examines a trade union’s ability to hold property in trust and how to enforce a judgment against a union.Both workers and employers may form groupings that could generally be described as ‘unions’. In the case of employers these are usually called employers' associations. Workers also form groupings for the support and advancement of their members’ interests, which are usually called trade unions. However, membership of a trade union is often of much greater significance to a worker than membership of an employers’ association is to their employer. For example, membership of a trade union typically gives workers bargaining power with their employers that they would otherwise not have.The law relating to trade unions is largely governed by extensive statutory provisions,...

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Letter—Employer’s acknowledgment of appeal against refusal of flexible working request

Letter—Employer’s acknowledgment of appeal against refusal of flexible working request [Insert name of employee] [Insert address of employee] [Insert date] Dear [insert employee’s name] Thank you for your notice of appeal dated [insert date of notice of appeal], received on [insert date employer received the request], regarding your flexible working request dated [insert date which appeared on employee’s request]. I would like to hold a meeting with you to discuss your appeal as soon as possible. You can be accompanied at the meeting by a work colleague[, a trade union representative or a trade union official]. Your chosen companion will be allowed to take time off during working hours for the purposes of accompanying you. They will be permitted to speak at the meeting and confer with you but will not be allowed to answer questions on your behalf. It is important that the meeting is arranged, if possible, at a time and place that is convenient to me, you and your chosen companion (if you wish...

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±Ê´Ç±ô¾±³¦²ââ€À¹±ð»å³Ü²Ô»å²¹²Ô³¦²â 1 Introduction 1.1 The Company is committed to providing job security for its employees. The Company will seek to avoid compulsory redundancies wherever possible. However, it recognises that there may be circumstances when staffing requirements change and compulsory redundancies cannot be avoided. 1.2 Where compulsory redundancies are unavoidable, the Company will handle the redundancy exercise in a fair, consistent and sympathetic manner. 1.3 In following the redundancy procedure set out in this policy, the Company will not discriminate directly or indirectly on grounds of age, disability, gender reassignment, marital or civil partner status, pregnancy or maternity, race, religion or belief, sex or sexual orientation. Part-time workers and fixed-term employees will not be treated less favourably than full-time or permanent comparators. 1.4 The aim of this policy is to set out the procedures that will be followed in cases of redundancy, ensuring compliance with employment law[ and relevant Acas guidance]. 1.5 This policy applies only to employees who are affected by a potential redundancy situation. It does not...

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If a lorry driver delivering goods is persuaded not to cross a picket line by employees engaged in lawful, peaceful picketing, and the lorry driver faces disciplinary sanction or dismissal from their own employer (who is not a party to the trade dispute) for refusing to cross the picket line to deliver the goods, are there any protections available to the lorry driver?

If a lorry driver delivering goods is persuaded not to cross a picket line by employees engaged in lawful, peaceful picketing, and the lorry driver faces disciplinary sanction or dismissal from their own employer (who is not a party to the trade dispute) for refusing to cross the picket line to deliver the goods, are there any protections available to the lorry driver? When it comes to statutory protections available to those engaged in industrial action or picketing: • statutory immunity is provided against liability in relation to economic or industrial torts for those involved in industrial action with their employer, which is done in contemplation or furtherance of a trade dispute (as defined), and which complies with specific balloting and notification conditions (see Practice Notes: The right to take industrial action and Balloting for and employer notification of industrial action) • protection against dismissal is potentially available for those participating in such industrial action (see Practice Note: Entitlement to claim unfair dismissal, particular the main section dealing...

An employer enters into a collective redundancy consultation, at the end of which a number of employees are selected for redundancy. Those employees are given notice of termination by reason of redundancy, but, before the termination date, a change in circumstances means that the employer is able to push back the dismissals and keep those employees in employment for a further period. It accordingly extends the notice periods of those employees beyond their contractual notice entitlement, so that their dismissals will take effect in five months’ time. Is the employer required to start the collective consultation process afresh at this point, or would the original consultation process be sufficient?

An employer enters into a collective redundancy consultation, at the end of which a number of employees are selected for redundancy. Those employees are given notice of termination by reason of redundancy, but, before the termination date, a change in circumstances means that the employer is able to push back the dismissals and keep those employees in employment for a further period. It accordingly extends the notice periods of those employees beyond their contractual notice entitlement, so that their dismissals will take effect in five months’ time. Is the employer required to start the collective consultation process afresh at this point, or would the original consultation process be sufficient? In considering this question, it will be useful to consider: • what is the trigger for the collective redundancy consultation obligation, and • how long a collective consultation remains ‘effective’ The relevant legislation, section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) reads: ‘…(1) Where an employer is proposing to dismiss as redundant 20 or...

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Employment weekly highlights—12 December 2024

This edition of Employment weekly highlights includes: (1) a webinar from Lexis+ UK Employment team member Cathy Hoar, and Stephen Ratcliffe of Baker & McKenzie looking at some of the most significant changes contained in the Employment Rights Bill, (2) analysis by Victoria Hordern of Taylor Wessing LLP of the Data (Use and Access) Bill, (3) a successful paternity leave sex discrimination employment tribunal claim, (4) notice that all employment tribunal online services (affecting submission of ET1s, ET3s and digital applications) will be temporarily unavailable between 18.00 and 23.00 on Monday 16 December 2024 due to a planned upgrade, (5) our new Practice Note providing a destination table showing how the Employment Tribunal Procedure Rules 2024 (ET Rules 2024), in force from 6 January 2025, correspond to the ET Rules 2013 which they replace, (6) our new Precedent comprising a set of clauses that may be inserted by a customer into a contract with a supplier to help the customer (as an employer) comply with its duty to prevent sexual...

Trade Unions urge government to increase statutory sick pay rate in Employment Rights Bill

A coalition of 24 trade union general secretaries, including leaders from the British Medical Association and Royal College of Nursing, have written to Prime Minister Keir Starmer expressing concern over the government's statutory sick pay (SSP) reform plans. While welcoming proposals in the Employment Rights Bill (ERB) to extend SSP to low-income workers and remove the waiting period, the unions are calling for a significant increase to the weekly SSP rate. SSP is set to rise to £118,75 per week from April 2025 (currently £116.75), but the unions argue this remains insufficient for workers to recover safely from illness. The letter requests a ministerial meeting to discuss strengthening SSP to align with rates in other OECD countries, emphasising the need for a comprehensive plan to address the issue within the forthcoming ERB.