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Settlement of Individual Employment Disputes

Settlement of Individual Employment Disputes

  • Author:
  • Publisher: Jordan Publishing
  • ISBN: 9781846615566
  • Published In: December 2017
  • Format: Hardback
  • Jurisdiction: U.K. ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 1,487.50

HKD 1,442.88 Save HKD 44.62 (3%)

Delivery Time: around 4-5 weeks
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  • Description 
  • Contents 
  • Details

    Approaching the question of settlement in employment disputes may appear straightforward but often gives rise to some tricky questions, such as: ‘What is a good offer’; ‘when and how should this be assessed’; and ‘how should settlement be approached’. This practitioner text offers strategies to approach these questions in a tactical and well thought-out manner.

    Add to this the complexity of employment relationships and the contractual, procedural and regulatory requirements involved throughout the process and this seemingly uncomplicated matter becomes anything but.

    This book tackles some of the issues arising on termination; the process of negotiation, (including a detailed look at the without prejudice rule and protected conversations) as well as the regulatory implications and procedural issues relating to settlements.

    For the first time, practitioners are given a complete guide to the topic, which is structured in a logical and easy to follow format. The book considers the entire process from beginning to end, with each chapter comprehensively dealing with one of the progressive steps in the settlement thought process.

    The aim is to arm readers with practical tools, tactics and professional tips to deal with any employment-related dispute. Finally, the book provides a suite of precedents that can be tailored to suit the individual needs of the relationship.

  • Value of Claims
    Contractual Damages
    Notice
    Bonuses
    Share Schemes
    Liquidated Damages
    Cross Claims
    Statutory Damages
    Tax and NI
    Pension Loss
    Mitigation

    Issues upon Termination
    PILON/Garden Leave/ Injunction
    Cross Claim for Notice
    Restrictive Covenants
    Post-Term Victimisation
    Employer Obligations

    Regulatory Implications

    Methods of Negotiation
    Grievances and Interaction Proceedings
    Protected Conversations
    Without Prejudice Conversations
    ACAS Concillation
    ADR

    Methods of Settlement
    What cannot be settled
    Latent PI
    Accrued Pensions Right
    Et al
    COT3
    Settlement Agreement
    Ordinary Agreements
    Consent Orders and Tomlin oRDER

    Proceedings
    Withdrawing, Dismissal, Discontinuance
    Limitation, Res Judicata and Abuse of Process
    Cause of Action Estoppel
    Issue Estoppel
    Rule in Henderson

    Precedents

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