Termination of employment: settlement negotiations must be 'subject to contract'
By Charlotte Staples
A recent case has highlighted the pitfalls of failing to make any settlement offer ‘subject to contract’.
The recent case of Newbury v Sun Microsystems demonstrates the importance of making any settlement offer not just ‘without prejudice’ but also ‘subject to contract’. In this case, the parties found themselves bound by two without prejudice letters in which a settlement was offered and accepted. The High Court found that these letters amounted to a contract in themselves and no further settlement agreement was required to make the settlement binding on the parties.
When entering into discussions with an employee about resolving a potential or actual claim and/or terminating their employment make sure that…
If you are registered and logged in to the site, click on the link below to read the rest of the Shoosmiths briefing. If not, please register or sign in with your details below.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
How do public sector landlords tackle the problem of access in respect of gas safety inspections and fire safety risk in leasehold properties?
OFT launches a market study into residential property management services to leaseholders in England and Wales
The OFT has launched a market study into residential property management services that will look at how the market is working for leaseholders and freeholders in England and Wales.
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…