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Settlement of Individual Employment Disputes

A practitioner's guide to settling employment disputes arising between employers and senior managers particular reference to the procedural changes in the Employment Tribunal process.
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£115.00
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Free delivery for UK
Published:
ISBN/ISSN: 9781846615566

Product description

Why should you buy Settlement of Individual Employment Disputes

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.

Essential reading for employment lawyers advising both HR and senior managers, employment barristers, in-house lawyers, lawyers in Local Authorities and lawyers in NHS. It will also be beneficial for academic institutions and trade unions head offices.

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Table of contents

Value of Claims

  • Contractual Damages
  • Notice
  • Bonuses
  • Share Schemes
  • Liquidated Damages
  • Cross Claims 
  • Statutory Damages
  • Tax and NI
  • Pension Loss
  • Mitigation
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
  • ADR
Methods of Settlement

  • What cannot be settled
  • Latent PI
  • Accrued Pensions Right
  • Et al
  • COT3
  • Settlement Agreement
  • Ordinary Agreements
  • Consent Orders and Tomlin oRDER

Proceedings

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