Negotiating an exit using new confidentiality rules: proceed with caution
The government is on a mission — to keep parties out of the employment tribunal system. Among the many new laws coming into force this summer are provisions that make exit negotiations non-disclosable in some subsequent tribunal proceedings. These provisions will supplement the existing protection of ‘without prejudice’ (WP) discussions and overcome the limitation that confidentiality only covers WP discussions aimed at resolving ‘genuine disputes’.
The rationale was that employers often wish to agree an exit in the absence of a ‘genuine dispute’. The new laws are intended to do just that — they apply to cases where the parties are not in a dispute. But they have major shortcomings, which could lull unaware employers into a false sense of security…
If you are registered and logged in to the site, click on the link below to read the rest of the Nabarro briefing. If not, please register or sign in with your details below.
News from Nabarro
News from The Lawyer
Briefings from Nabarro
Non-Chinese contractors are regularly encountering contracts containing arbitration clauses providing for disputes to be determined by Chinese arbitration centres.
This note provides a short summary of the two formal insolvent liquidation processes.
Analysis from The Lawyer
Nabarro senior partner and self-confessed “IT geek” Graham Stedman is heralding a major set of investments in technology ahead of the firm’s move to 125 London Wall this year.
Clients are more willing to bring claims against professional service providers but the risk to defendants is not as dramatic as it might seem