MoJThe Government revealed earlier this week that legislation changing the name of “compromise agreements” to “settlement agreements” will come into force on 29 July 2013.

The implementation date of aspects of the Enterprise and Regulatory Reform Act 2013 were released this week, including the date that “protected conversations” will become law and when “compromise agreements” will be renamed “settlement agreements”. This was specified in the Commencement Order (The Enterprise and Regulatory Reform Act 2013 (Commencement No. 2) Order 2013) released by the Government earlier this week.

Under the above Commencement Order, the following provisions of the ERRA 2013 will come into force:

  • Pre-termination negotiations – under s.14 of the ERRA 2013 (in particular circumstances) discussions or offers made between an employer and an employee with a view to terminating the contract of employment will not be admissible as evidence in unfair dismissal proceedings. However, there are a number of ‘get-outs’ to this legislation – for example, if there has been “improper behaviour” or the discussions relate to a claim other than unfair dismissal (such as discrimination, for example) then the discussions may be admissible as evidence
  • Settlement agreements – under s.23 of the ERRA 2013 the name of “compromise agreements” will be changed to “settlement agreements”

The Employment Code of Practice (Settlement Agreements) Order 2013 will also come into force on 29 July 2013. On this day ACAS’s Code of Practice on Settlement Agreements will come into force. This Code of Practice will sit alongside the new legislation on pre-termination discussions and the “simplified” settlement agreement regime.

Watch this space.

 

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees

Share →
Testimonials

5.00 Average

4 Reviews

Anonymous

Patient and thorough advice given to me around my Settlement Agreement

Posted 3 days ago

Anonymous

"Excellent service, getting back to you promptly giving you very good advice."

Posted 4 days ago

Anonymous

I found Chris Hadrill to be an excellent help, he is very knowledgeable and gives good ,concise ,strategic advice .He makes himself readily accessible when you need him.I would personally highly recommend him.

Posted 5 days ago

Christine

Professional, efficient and reliable service provided. I strongly recommend them and I would use this service again.

Posted 6 days ago

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk