A confidentiality clause may be deemed unenforceable if you are a whistleblower. In UK employment law, whistleblowing is making a protected disclosure under the Public Interest Disclosure Act. To avoid any confusion, we will negotiate for the confidentiality clause to not prevent you from making a protected disclosure under the Act.
Read moreYou are able to enter into a settlement agreement even if you have started a Tribunal claim.
Read moreIf a dispute exists, it may be more attractive to your employer to pay you off in a lump sum than continue to pay sick pay. They are then free to replace your position and move forward, and you will have a cash settlement to fund your recovery.
Read moreBecause your employer has to pay you whilst you are on the PIP, they may be happy to enter into a settlement agreement so they can part ways without the threat of a Tribunal claim.
Read moreYour settlement is likely to be larger as you have valuable skills and know more about your employer (perhaps things they do not wish to have disclosed). The longer you have worked for your company, the greater power you are likely to have and this can be used to your advantage in negotiations.
Read moreIt may make a difference as to the size of your compensation. Small companies do not have the financial resources to provide large settlements and may prefer to take their chances with the Tribunal. Larger companies have more resources to pay larger awards, but they can also hire expensive legal teams to fight your claim. […]
Read moreWhen negotiating your financial compensation, we would use your notice period as a starting point and ask for a few months’further salary on top. However, if your notice period is exceptionally long, you may not get as much compensation, as the Employment Tribunal would only award you an amount to cover the time it takes […]
Read moreWithout prejudice means that whatever is said and done on a without prejudice basis cannot later be used to your disadvantage should you decide to make a claim in an Employment Tribunal. For ‘without prejudice’ protection to apply, there must be a genuine dispute and the conversation or letters/emails relating to the matter must be […]
Read moreRather than spend time investigating a grievance, your employer may be happy to enter into a settlement agreement.
Read moreUnder the Equality Act 2010, an employer cannot discriminate against you if you possess one of the nine protected characteristics: sex, age, disability, marriage and civil partnership, pregnancy and maternity, sexual orientation, gender reassignment, religion or belief, and race. Discrimination is difficult to prove. However, if proven, it can cause considerable damage to your employer’s […]
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