8 13. The parties may find it useful to discuss proposals face-to-face and such a meeting should take place at an agreed time and place. Although this is not a legal obligation, employers should allow workers to be accompanied by a co-worker, union official or union representative at the meeting. Accompanying the person is a good practice and can help advance comparative discussions. 14. In the event of the adoption of a conciliation agreement based on the termination of the employment relationship, the worker`s employment relationship may be terminated either with the required contractual notice or from the date indicated in the agreement. The terms and conditions of any payments to the employee and their timing should be set out in the agreement. Inappropriate behaviour 15. When a settlement agreement is discussed as a means of settling an existing conflict, negotiations between the parties can proceed without prejudice. Without prejudice to a common law principle (i.e. a principle not required by law) that prevents statements (written or oral) made as part of a genuine attempt to resolve an existing dispute from being submitted to a court as evidence. However, this protection does not apply in cases of fraud, unlawful influence or any other manifest mismatch, such as perjury or blackmail. 16.
Section 111A of the ERA 1996 offers protection similar to that of the principle of impartial regulation, since it provides that any offer of a settlement agreement or interviews on the subject may not be used as evidence of a subsequent action by the Labour Court for unfair dismissal. However, contrary to prejudice, it can be considered where there is no labour dispute. The protection referred to in Article 111A shall not apply in the event of inappropriate behaviour with regard to transaction negotiations or the offer. 17. What constitutes inappropriate conduct ultimately falls within the jurisdiction of a court having jurisdiction to rule on the facts and circumstances of each case. However, inappropriate behaviour includes (but is not limited to) conduct which, according to the principle of freedom from prejudice, would be considered manifest incongruity. 18. The list below contains some examples of inappropriate behaviour. The list is not exhaustive: 6 CODE OF CONDUCT FOR COMPARISON AGREEMENTS (pursuant to section 111A of the Employment Rights Act 1996) 5 Introduction to the Code of Conduct 1. The purpose of this Code is to assist employers, workers and their representatives in understanding the Settlement Agreement Negotiation Act in accordance with Section 111A of the Employment Rights Act (ERA).
2. Settlement agreements are only a means of dealing with potentially difficult employment situations. The best way to resolve problems in the workplace is to discuss openly, including, where appropriate, through performance management or informal and formal disciplinary or redress procedures. What are transaction agreements? 3. Settlement agreements are legally binding contracts which enable the employment relationship to be terminated on agreed terms. Their main feature is that they waive a person`s right to assert before a court or labour court a right to matters expressly covered by the agreement. Comparative agreements may be proposed before the implementation of another formal procedure. They usually include some form of payment to the worker by the employer and may also contain a reference. 4. For a settlement agreement to be legally valid, the following conditions must be met: (a) the agreement must be in writing; (b) the agreement must relate to a specific complaint or procedure 1; (c) the worker must have received 2 pieces of advice from a competent independent adviser on the conditions and consequences of the proposed agreement and its impact on the worker`s ability to pursue the complaint or proceedings before an labour court; 1 Simply saying that the agreement is complete and that all claims are definitively re-educated is not enough to draw claims from the labour court. .