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Settlement agreements: A manager’s guide

BPP Professional Education

Summary

Price
£42 inc VAT
Study method
Online
Duration
Self-paced
Qualification
No formal qualification
CPD
1 CPD hours / points
CPD What's this?

Overview

Where an employee has issued employment law related claims against an organisation, or may have any such potential claims, the employer will often wish to offer to settle any such claims (or potential claims), rather than defend what will often be costly and time-consuming employment tribunal proceedings. It will do so by making a compensation payment to the individual, in return for a legally binding waiver of any such claims. This is often done by means of a ‘settlement agreement’.

CPD

1 CPD hours / points
Accredited by The CPD Certification Service

Description

In order for such a settlement agreement to be legally binding, it has to comply with stringent statutory requirements.

Learning outcomes:

On completion of this course, you will have a greater understanding of:

The basic legal and practical issues surrounding ‘settlement agreements’, from a manager’s perspective. We will be looking at:

  • What is a ‘settlement agreement’?
  • Legally binding ways of settling employment disputes (which employment related claims can be settled under which type of agreement)
  • The legal principles surrounding ‘settlement agreements’:
    • Statutory requirements of a valid and binding settlement agreement
    • Statutory claims which can be settled under a settlement agreement
    • Statutory claims which cannot be settled under a settlement agreement
    • Some common issues such as personal injury claims, claims for accrued pension rights and future (potential) claims
    • ‘Without Prejudice’ and ‘Subject to contract’ and the rules on admissibility of pre-termination negotiations
    • The ACAS Code of Practice on Settlement Agreements and ACAS Guide
    • Enforcement
  • How to start negotiations
  • Negotiating terms of the settlement agreement
  • Pre-negotiation considerations
  • Key standard clauses
  • Tax considerations – the basics

Authored By Nicola Howe

Nicola has practised employment law with large commercial firms for nearly 20 years. She regularly writes and presents courses on a wide variety of employment law topics. She is a member of the Law Society and the Employment Lawyers Association.

A CPD certificate of completion will be provided by BPP Professional Education Limited upon successful completion of the online course.

CPD Points: 1

CPD Duration (hours): 1

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Legal information

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FAQs

Study method describes the format in which the course will be delivered. At Reed Courses, courses are delivered in a number of ways, including online courses, where the course content can be accessed online remotely, and classroom courses, where courses are delivered in person at a classroom venue.

CPD stands for Continuing Professional Development. If you work in certain professions or for certain companies, your employer may require you to complete a number of CPD hours or points, per year. You can find a range of CPD courses on Reed Courses, many of which can be completed online.

A regulated qualification is delivered by a learning institution which is regulated by a government body. In England, the government body which regulates courses is Ofqual. Ofqual regulated qualifications sit on the Regulated Qualifications Framework (RQF), which can help students understand how different qualifications in different fields compare to each other. The framework also helps students to understand what qualifications they need to progress towards a higher learning goal, such as a university degree or equivalent higher education award.

An endorsed course is a skills based course which has been checked over and approved by an independent awarding body. Endorsed courses are not regulated so do not result in a qualification - however, the student can usually purchase a certificate showing the awarding body's logo if they wish. Certain awarding bodies - such as Quality Licence Scheme and TQUK - have developed endorsement schemes as a way to help students select the best skills based courses for them.
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