BNP Paribas v Mezzotero [2004] UKEAT 0218/04/3003

Pre-Termination Negotiations: Settlement discussions stay off the record

The EAT has delivered its first decision on the rules making conversations about ending an employment relationship inadmissible in tribunal proceedings. Phil Allen investigates ‘There is always a risk that the very fact that the employer raises the idea of termination could breach the duty of trust and confidence, or that the employee contends that …

Continue reading "Pre-Termination Negotiations: Settlement discussions stay off the record"

This post is only available to members.

Covert Recordings: What’s the secret?

Clandestine recordings of private discussions at workplace disciplinary and grievance hearings may be admissible in employment tribunal proceedings, report Sharon Tan and Paul McGrath ‘Technological advances have given rise to a spate of cases that have considered whether evidence obtained on a clandestine basis ought to be admissible in subsequent employment tribunal litigation.’ In an …

Continue reading "Covert Recordings: What’s the secret?"

This post is only available to members.

Settlement Discussions: EAT aims to end dispute over without prejudice rule

A recent ruling has provided welcome clarification of when pre-termination negotiations should remain privileged, report Johanna Johnson and Ronan O’Reilly ‘There are eight recognised exceptions to the application of the without prejudice rule, which were set out by Robert Walker LJ in Unilever plc v The Procter & Gamble Co [2000].’ The ‘without prejudice’ privilege …

Continue reading "Settlement Discussions: EAT aims to end dispute over without prejudice rule"

This post is only available to members.

Discrimination Law: Claims by equity partners

Employment tribunals are increasingly having to resolve discrimination claims brought against partnerships. Suzanne McKie and Laura Bell look at the key issues ‘When seeking to resolve disputes within a partnership structure, it is common to have informal “without-prejudice chats” between partners to keep disputes low-key.’It is fair to say that equity partners are becoming increasingly …

Continue reading "Discrimination Law: Claims by equity partners"

This post is only available to members.