Case update (1): When’s it safe to talk ‘without prejudice’?

Summary:  When can employers safely hide settlement discussions behind the ‘without prejudice’ rule? This issue was helpfully explored by the EAT in Portnykh v Nomura International plc. Facts:  Mr Portnykh was employed by Nomura, who sought to dismiss him for misconduct. Nomura alleged that Mr Portnykh had approached them with a request that his dismissal…
Continue reading


Newsflash: ACAS guide on settlement

ACAS has published further guidance, Settlement Agreements: A Guide, to help with settlement agreements, which were introduced on 29 July 2013. It has no legal force but does give practical and useful hints and tips. The guidance, which is not short at 82 pages, expands upon the ACAS Code of Practice on Settlement Agreements (which…
Continue reading


Government reforms: What’s new this month? (4) Settlement agreements and ACAS code

From 29 July 2013 compromise agreements are officially renamed as “settlement agreements” and the pre-settlement discussions relating to them are prevented from being referred to in evidence in an unfair dismissal case (note that this rule only applies in an unfair dismissal case). The ACAS Code of Practice on Settlement Agreements has now been approved…
Continue reading


Government reforms: (3) Settlement agreements & the final ACAS code

ACAS has this month published the final “Code of Practice on Settlement Agreements” and its response to the Government’s consultation on settlement agreements. These are available here. The Code is awaiting Government approval, which can be expected shortly. There will also be non-statutory guidance from ACAS accompanying the Code, which has not yet been published…
Continue reading


Government reforms: finalised

The Government’s central reform package, set out in the ERRB has now been finalised and become the Enterprise and Regulatory Reform Act 2013 (ERRA 2013). The Government has also published commencement dates for various parts of the Act and we set out the most relevant below. Those provisions with an ‘unknown’ date are planned to…
Continue reading


Settlement Agreements: ACAS consultation

ACAS is consulting on a draft statutory code of practice to accompany the provisions on settlement agreements in ERRB (see our January Newsletter Latest Government Changes: Settlement Agreements). As a reminder, the aim of the Code is to give employers confidence that if they make an offer of settlement before a formal dispute has arisen…
Continue reading


Latest Government changes

On 17 January 2013, the Government published a statement outlining the next steps in its employment law reform agenda. The reform package consists of the following changes and proposals: Confirmed changes: Settlement Agreements and Compensatory Award Last September the Government launched its consultation Ending the Employment Relationship which (i) put forward proposals to reduce the…
Continue reading