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Settlement of Individual Employment Disputes

ISBN13: 9781846615566
Published: December 2017
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: £146.00

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Approaching the question of settlement in employment disputes may appear straightforward but often gives rise to some tricky questions, such as: ‘What is a good offer’; ‘when and how should this be assessed’; and ‘how should settlement be approached’. This practitioner text offers strategies to approach these questions in a tactical and well thought-out manner.

Add to this the complexity of employment relationships and the contractual, procedural and regulatory requirements involved throughout the process and this seemingly uncomplicated matter becomes anything but.

This book tackles some of the issues arising on termination; the process of negotiation, (including a detailed look at the without prejudice rule and protected conversations) as well as the regulatory implications and procedural issues relating to settlements.

For the first time, practitioners are given a complete guide to the topic, which is structured in a logical and easy to follow format. The book considers the entire process from beginning to end, with each chapter comprehensively dealing with one of the progressive steps in the settlement thought process.

The aim is to arm readers with practical tools, tactics and professional tips to deal with any employment-related dispute. Finally, the book provides a suite of precedents that can be tailored to suit the individual needs of the relationship.

Employment Law
Value of Claims
Contractual Damages
Share Schemes
Liquidated Damages
Cross Claims 
Statutory Damages
Tax and NI
Pension Loss

Issues upon Termination
PILON/Garden Leave/ Injunction
Cross Claim for Notice
Restrictive Covenants
Post-Term Victimisation
Employer Obligations

Regulatory Implications

Methods of Negotiation
Grievances and Interaction Proceedings
Protected Conversations
Without Prejudice Conversations
ACAS Concillation

Methods of Settlement
What cannot be settled
Latent PI
Accrued Pensions Right
Et al
Settlement Agreement
Ordinary Agreements
Consent Orders and Tomlin oRDER

Withdrawing, Dismissal, Discontinuance
Limitation, Res Judicata and Abuse of Process
Cause of Action Estoppel
Issue Estoppel
Rule in Henderson