Acas Code Of Practice 4 Settlement Agreements July 2013

8 13. The parties may find it useful to discuss proposals face-to-face and such a meeting should take place at an agreed time and place. Although this is not a legal obligation, employers should allow workers to be accompanied by a co-worker, union official or union representative at the meeting. Accompanying the person is a good practice and can help advance comparative discussions. 14. In the event of the adoption of a conciliation agreement based on the termination of the employment relationship, the worker`s employment relationship may be terminated either with the required contractual notice or from the date indicated in the agreement. The terms and conditions of any payments to the employee and their timing should be set out in the agreement. Inappropriate behaviour 15. When a settlement agreement is discussed as a means of settling an existing conflict, negotiations between the parties can proceed without prejudice. Without prejudice to a common law principle (i.e.

a principle not required by law) that prevents statements (written or oral) made as part of a genuine attempt to resolve an existing dispute from being submitted to a court as evidence. However, this protection does not apply in cases of fraud, unlawful influence or any other manifest mismatch, such as perjury or blackmail. 16. Section 111A of the ERA 1996 offers protection similar to that of the principle of impartial regulation, since it provides that any offer of a settlement agreement or interviews on the subject may not be used as evidence of a subsequent action by the Labour Court for unfair dismissal. However, contrary to prejudice, it can be considered where there is no labour dispute. The protection referred to in Article 111A shall not apply in the event of inappropriate behaviour with regard to transaction negotiations or the offer. 17. What constitutes inappropriate conduct ultimately falls within the jurisdiction of a court having jurisdiction to rule on the facts and circumstances of each case. However, inappropriate behaviour includes (but is not limited to) conduct which, according to the principle of freedom from prejudice, would be considered manifest incongruity. 18. The list below contains some examples of inappropriate behaviour. The list is not exhaustive: 6 CODE OF CONDUCT FOR COMPARISON AGREEMENTS (in accordance with Section 111A of the Employment Act 1996) For advice on Acas conciliation contracts, see Early Conciliation.

Sheltered interviews are a means of proposing and negotiating an offer before termating a worker`s employment relationship, in order to terminate it under the terms agreed between the employer and the worker. These conditions are normally recorded in a transaction agreement. . . .

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