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- Type:
- How to
Practical guidance on conducting pre-termination negotiations, including the rules on protected conversations under s.111A of the Employment Rights Act 1996 and the without prejudice principle; and how to initiate a conversation with an employee about a possible settlement agreement, while minimising the risk of an unfair dismissal.
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- Type:
- Employment law cases
In X v Y Ltd, the Employment Appeal Tribunal (EAT) held that an email containing legal advice on how to disguise a discriminatory dismissal as a redundancy is not protected by legal advice privilege and is admissible as evidence in a tribunal.
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- Type:
- Employment law cases
In James-Bowen and others v Commissioner of Police of the Metropolis, the Supreme Court held that, when defending a claim of vicarious liability, the Commissioner did not owe a duty to her police officers to take reasonable care to protect them from economic and reputational harm.
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- Type:
- Employment law cases
In University of Sunderland v Drossou, the Employment Appeal Tribunal (EAT) held that employer pension contributions should be included when calculating a "week's pay" under s.221(2) of the Employment Rights Act 1996.
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- Type:
- Policies and procedures
A model mediation policy, which deals with the relationship with disciplinary and grievance procedures, when mediation may be used, appointing a mediator, agreement to mediate, settlement agreements and confidentiality.
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- Type:
- Contract clauses
A model agreement to mediate, which deals with the parties, the dispute, the mediation, the mediator, other participants, confidentiality, privilege, settlement, costs of the mediation, and law and jurisdiction.
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- Type:
- FAQs
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- Type:
- Employment law cases
In Fleming v East of England Ambulance Service NHS Trust, the Employment Appeal Tribunal (EAT) held that covert recordings of the private deliberations of the disciplinary panel were admissible as evidence, except for any content covered by legal professional privilege.
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- Type:
- FAQs
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- Type:
- Employment law cases
In Santos Gomes v Higher Level Care Ltd, the Court of Appeal held that compensation for injury to feelings is not available in a claim under the Working Time Regulations 1998 (SI 1998/1833) for a failure to provide 20-minute rest breaks..