In civil litigation, an agreement to settle a dispute or provide a release or waiver of claims. In employment law, an agreement (formerly known as a compromise agreement) whereby an employee or worker agrees not to pursue certain statutory employment tribunal claims against a respondent or potential respondent to a claim. Commonly used to record an employees terms of departure …
An agreement to record the terms of an employees departure, and the payments to be made to the employee, in return for a waiver of claims against the employer. A severance agreement will only be effective in respect of common-law claims, not statutory employment rights, unless it also meets the statutory conditions for a valid settlement agreement.
One of the five potentially fair reasons for dismissal under section 98 of the ERA 1996. It is a residual catch-all potentially fair reason for dismissal. If the employers reason for dismissal falls outside section 98(2) of ERA 1996, it must fall within the SOSR category if it is to qualify as a potentially fair reason at all.
An injunction to prevent a former employee who has used confidential information to their own advantage from gaining a head start in competition with their former employer. An ordinary injunction would not be effective in such circumstances as the information has been published and is no longer confidential.
The procedures under the Employment Act 2002 resolve disputes between employers and employees, comprising dismissal and disciplinary procedures (DDPs) and grievance procedures (GPs). The Employment Act 2008 repealed the procedures with effect from April 2009.
The minimum period of notice required to terminate a contract of employment under section 86 of ERA 1996. Employees with continuous employment of at least one month but less than two years are entitled to at least one weeks notice from the employer. Employees with two years continuous employment or more are entitled to one weeks notice for each complete …
See Compensatory damages.
An offer of alternative employment in a redundancy situation that extinguishes the right to a statutory redundancy payment if it is unreasonably refused by the employee. If an employer dismisses an employee for redundancy without making a reasonable search for and offer of alternative employment, the employee may have been unfairly dismissed.