Overlapping claims / recording settlement
Wrongful dismissal and unfair Redundancy and unfair dismissal Redundancy and wrongful
dismissal dismissal
If both claims are brought and Redundancy payment will be set Redundancy payments are for
both are successful – general against the unfair dismissal past services while WD payment
rule: employee will not be award. is for future loses and so the ET
compensated for the same loss will not consider the
twice. Employee will get redundancy redundancy payment when
payment opposed to the basic making an award for WD.
ET will deduct breach of award. If the whole of the basic
contract (WD) from the award does not cover the amount
compensatory part of the the redundancy payment is, then
award the employee will get the compensatory award will be
from their unfair dismissal deducted by the excess amount
damages. of the redundancy payment.
The redundancy payment will be
deducted after the other
deductions are made, such as for
contributory fault.
Overlapping claims:
Settlement:
General rule:
S203 ERA any provision in a settlement agreement which purports to exclude or limit the operation of
any provision under the ERA, or to prevent an employee from bringing proceedings under the ERA = is void.
Unless …
a. A conciliation officer has taken action under s18 ETA, or
b. A written agreement (settlement agreement) is validly entered into.
Acas Settlements:
Officers have a duty to promote settlement – also a duty to make sure the settlement is fair
Settlement agreements:
To be binding and enforceable, they must:
1. Be in writing, identify the adviser, relate to a particular complaint and state the relevant statutory provisions are
satisfied.
2. Employee has received independent advice regarding the agreement and its effect on bringing future claims
3. There is in force a contract of insurance or an indemnity in favour of the adviser for any loss suffered by the
employee arising out of the agreement
The settlement must relate to a particular claim – if the agreement attempts to bar any claim not relevant or attempt to
Wrongful dismissal and unfair Redundancy and unfair dismissal Redundancy and wrongful
dismissal dismissal
If both claims are brought and Redundancy payment will be set Redundancy payments are for
both are successful – general against the unfair dismissal past services while WD payment
rule: employee will not be award. is for future loses and so the ET
compensated for the same loss will not consider the
twice. Employee will get redundancy redundancy payment when
payment opposed to the basic making an award for WD.
ET will deduct breach of award. If the whole of the basic
contract (WD) from the award does not cover the amount
compensatory part of the the redundancy payment is, then
award the employee will get the compensatory award will be
from their unfair dismissal deducted by the excess amount
damages. of the redundancy payment.
The redundancy payment will be
deducted after the other
deductions are made, such as for
contributory fault.
Overlapping claims:
Settlement:
General rule:
S203 ERA any provision in a settlement agreement which purports to exclude or limit the operation of
any provision under the ERA, or to prevent an employee from bringing proceedings under the ERA = is void.
Unless …
a. A conciliation officer has taken action under s18 ETA, or
b. A written agreement (settlement agreement) is validly entered into.
Acas Settlements:
Officers have a duty to promote settlement – also a duty to make sure the settlement is fair
Settlement agreements:
To be binding and enforceable, they must:
1. Be in writing, identify the adviser, relate to a particular complaint and state the relevant statutory provisions are
satisfied.
2. Employee has received independent advice regarding the agreement and its effect on bringing future claims
3. There is in force a contract of insurance or an indemnity in favour of the adviser for any loss suffered by the
employee arising out of the agreement
The settlement must relate to a particular claim – if the agreement attempts to bar any claim not relevant or attempt to
