Pre-Termination Negotiations: Settlement discussions stay off the record

Weightmans LLP | Employment Law Journal | September 2016 #173
The EAT has delivered its first decision on the rules making conversations about ending an employment relationship inadmissible in tribunal proceedings. Phil Allen investigates ‘There is always a risk that the very fact that the employer raises the idea of termination could breach the duty of trust and confidence, or that the employee contends that …

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Covert Recordings: What’s the secret?

McDermott Will & Emery | Employment Law Journal | June 2014 #151
Clandestine recordings of private discussions at workplace disciplinary and grievance hearings may be admissible in employment tribunal proceedings, report Sharon Tan and Paul McGrath ‘Technological advances have given rise to a spate of cases that have considered whether evidence obtained on a clandestine basis ought to be admissible in subsequent employment tribunal litigation.’ In an …

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Settlement Discussions: EAT aims to end dispute over without prejudice rule

White & Case LLP | Employment Law Journal | March 2014 #148
A recent ruling has provided welcome clarification of when pre-termination negotiations should remain privileged, report Johanna Johnson and Ronan O’Reilly ‘There are eight recognised exceptions to the application of the without prejudice rule, which were set out by Robert Walker LJ in Unilever plc v The Procter & Gamble Co [2000].’ The ‘without prejudice’ privilege …

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Discrimination Law: Claims by equity partners

Devereux Chambers | Employment Law Journal | November 2011 #125
Employment tribunals are increasingly having to resolve discrimination claims brought against partnerships. Suzanne McKie and Laura Bell look at the key issues ‘When seeking to resolve disputes within a partnership structure, it is common to have informal “without-prejudice chats” between partners to keep disputes low-key.’It is fair to say that equity partners are becoming increasingly …

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