It is often sensible for an employer to follow some sort of procedure before commencing discussions around settlement agreements to ensure that there is a fall-back position should negotiations break down. For employees it is important to understand employment rights and the maximum likely compensation in the event that litigation is pursued rather settlement. Good legal advice is critical for both employer and employee to ensure that objectives are met and the desired outcome achieved. Settlement agreements are frequently used to settle claims which have been initiated in the Employment Tribunal, rather than relying on the ACAS service and settlement via a COT3 agreement – settlement agreements enable wider provisions to be included and as such can address other concerns a party may have aside from the issues within the particular claim.
ACAS, the statutory conciliation service, has reported a 21% increase in the number of Early Conciliation notifications it received in 2018/19. Making an Early Conciliation notification is the first step a potential claimant must take if they intend on issuing certain claims against their employer. Once the Early Conciliation notification has been made, ACAS will…Read More