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Except when ACAS have been involved and arranged a COT3 settlement, COT3 being the name of the form used, [5] compromise agreements are the only means whereby an employee can waive statutory claims such as unfair dismissal, discrimination or entitlements to a redundancy payment. [6]
Wrongful dismissal: in particular, a termination by the employer in breach of the employee's contract of employment (in other words a dismissal without notice, where the employer is obliged to give notice) is described as "wrongful dismissal", and not as unfair dismissal.
A less severe form of involuntary termination is often referred to as a layoff (also redundancy or being made redundant in British English). A layoff is usually not strictly related to personal performance but instead due to economic cycles or the company's need to restructure itself, the firm itself going out of business, or a change in the function of the employer (for example, a certain ...
Accordingly, Acas' emphasis has shifted towards helping businesses to prevent problems before they arise, by means of, for example, its telephone helpline and training sessions. Furthermore, much of Acas' conciliation work is now focused on individual complaints to an employment tribunal (i.e. where individuals claim their employer has denied ...
The 1998 act inserted the right under the Employment Rights Act 1996 section 203(5) which allows parties to a dismissal case to agree in writing that the dispute be referred to arbitration. This can result from a settlement negotiation of an ACAS conciliation officer. ACAS will supply, though not appoint, an arbitrator.
Wrongful dismissal is the lesser type of unlawful dismissal, costing only what it would have done to keep the employee during the notice period, but it can be slightly dangerous for the employer, due to the potential loss of restrictive covenants and due to the employee being able to start alleging all sorts of breaches of contract, to try to ...
The Trade Union and Labour Relations Act 1974 (c. 52) (TULRA) was a UK Act of Parliament (now repealed) on industrial relations.. The Act contains rules on the functioning and legal status of trade unions, the presumption that a collective agreement is not binding, and immunity of unions who take strike action in contemplation or furtherance of a trade dispute.
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