Video: settlement agreements — a guide for UK employers

By Justin Govier

One of the problems faced by HR managers is how you go about having a difficult conversation with an employee who isn’t performing as well as you would like and you want to have a conversation around the problem that could ultimately lead to a compromise agreement, or a settlement agreement as they are now called.

There are rules about what conversations are without prejudice; however, they are incredibly grey and even lawyers find it difficult to be sure that any given conversation will be covered by that principle. Recognising this problem, last summer the government set up a new initiative around settlement agreements (previously known as compromise agreements) and discussions leading to settlement agreements.

The basic premise is that any discussion designed to lead to the termination of the employment, with a compensatory package, usually an accompanying settlement agreement, will be protected from disclosure in front of any subsequent employment tribunals…

Click on the link below to watch the IBB Solicitors video or download the transcript.

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