Settlement agreements, protected conversations and without prejudice
Used well, settlement agreements (sometimes referred to as mutual or compromise agreements) can be effective in resolving disputes or ending employment relationships, the latter of which is certainly the case for redundancies. They can be a minefield though and increasingly so when protected or without prejudice conversations are used to facilitate the achievement of settlement. In this clip I define each of these terms before outlining key points relating to their effective use.
This clip will be of interest to any HR professional dealing with day-to-day employment relations issues as well as any students studying the topic.
I refer to some resources of acas as well as an employment tribunal case - here are the links:
archive.acas.org.uk/settlemen...
www.peoplemanagement.co.uk/ex...
www.cipd.co.uk/knowledge/fund...
Пікірлер: 3
The contents of settlement agreement are marked Without Prejudice and, as such, cannot be used in proceedings by either party without agreement from both parties. However, can the party which wrote the original WP and who now wishes to rely on the letter, subsequently get around the WP rule simply by writing what appears to be a fresh letter on the surface yet has the exact same word for word content as the original WP letter? If you can prove that the content is exactly the same, would WP therefore still apply to the second letter.
What does it mean if parties sign an agreement without prejudice to parties rights ?
Settlement signed without prejudice What does it mean?