This month there has been a particularly interesting case looking at settling future claims in a settlement agreement.
1. Settlement agreements: Unknown future claims cannot be waived by settlement agreements
The Scottish EAT has held that settlement agreements cannot be used to settle unknown future claims.
2. Unfair dismissal: Internal appeals and vanishing dismissals
The dismissal of an employee “vanished” as a result of her successful internal appeal, even though she did not wish to return to work (EAT).
3. Disability discrimination: Dismissal of an employee whose autism influenced their conduct was neither unfair nor discriminatory
The EAT has upheld a tribunal’s decision that an employer’s dismissal of an autistic employee for crossing professional boundaries was fair and objectively justified.
4. Government backed future legislative change: The government has backed a number of bills dealing with issues which have previously been consulted on:
a. Carer’s leave
The government has announced that it is backing legislation which will give a day one right to carer’s leave to employees providing or arranging care.
b. Extension of redundancy protection for employees returning from family leave
Provided the bill is passed protection from redundancy while employees are on family leave will be extended so that it applies after the return from family leave.
c. Sexual harassment: Duty to prevent sexual harassment
Legislation will introduce a new duty on employers to prevent sexual harassment as well as bringing back employers’ liability for sexual harassment by third parties at work.
