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Tax Changes To Settlement Agreements: 2018/19

A number of tax changes to settlement agreements came into force from the 6th April 2018. Further changes take effect from the 6th April 2019 Tax Changes To Settlement Agreements: 6th April 2018 Prior to the 6th April 2018, where the employment contract provided for pay in lieu of notice (PILON), then the PILON was […]

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Settlement Agreements And Personal Injury Claims

It has become standard practice for employers to try and persuade employees to settle all potential personal injury claims against the organisation as part of a settlement agreement, at the same time as resolving the employment law dispute, despite the fact that any potential personal injury claim would be covered by their insurance. When advising […]

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Restrictive Covenants: Non-Compete Clauses And Enforceability

During employment, it is an implied term of the contract that the employee must not compete with their employer. This forms part of the implied duty of fidelity (i.e. that the employee will serve their employer with good faith, loyalty, and with regard to the employer’s interests). Nevertheless, this implied duty does not extend to […]

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Confidentiality Clauses in Settlement Agreements

Confidentiality clauses in settlement agreements have become for all intents and purposes a standard term of such agreements. Nevertheless, such clauses are not always enforceable. Moreover, the recent football sexual abuse scandal and the current debate over sexual harassment in the workplace, have led to confidentiality clauses being dubbed “gagging clauses”. Confidentiality Clauses in Settlement […]

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Upcoming Employment Law Changes 2017/2018

There are a number of important employment law changes coming up. These include the following:- Gender Pay Gap Reporting The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 came in to force from the 6th April 2017. Under these regulations, all organisations who employ 250 or more people are required to report on gender […]

Settlement Agreement News

There have been 2 recent decisions in relation to Settlement Agreements. When considering the wording of a settlement agreement, the Courts will usually interpret it with respect to its conventional meaning. In the case of Khanty-Mansiysk Recoveries Ltd v Forsters LLP [2016] EWHC 522 (Comm), the settled claim was defined as: “… any claim, potential […]