Day: November 5, 2013

A brief reminder of the employment tribunal claims which cannot be waived by means of a settlement agreement (or compromise agreement).

The following employment claims can only be settled by ACAS conciliation:

• Claims for failure to inform and consult with appropriate representatives on collective redundancies. However, it is possible to use a settlement agreement to compromise an individual employee’s right to bring a claim for failure to pay a protective award.

• Claims for failure to inform and consult or failure to pay the compensation that is equivalent to the protective award under TUPE, as well as claims for failure to provide employee liability information under TUPE.

• Claims under the Agency Workers Regulations in relation to regulation 5 (right to equal treatment following a qualifying period), regulation 12 (access to collective facilities and amenities), regulation 13 (access to employment vacancies) and regulation 17(2) (right not to be subjected to a detriment).

• Claims for breach of regulations 5, 6 and 9 under the Employment Relations Act 1999 (Blacklists) Regulations 2010.

The following employment claims do not have any statutory mechanism for settlement:

• The right to statutory maternity pay, statutory paternity pay or statutory adoption pay as there is an absolute restriction on contracting out of these payments.

• Claims for failure to notify the right to request working beyond retirement, and breach of right to be accompanied at a meeting to discuss retirement.

If you are an employer requiring advice on drafting a settlement agreement, or, you are an employee requiring advice on entering into a settlement agreement, contact us today.