The timing of settlement in employment disputes, where information improves as the surplus available to divide shrinks.
Key provision: Employment Rights Act 1996, s.111A; Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, rr.74–84
Authorities (3)
Kopel v Safeway Stores plc[2003] IRLR 753
HHJ Ansell
Costs; settlement offers; the Calderbank principle (automatic costs for rejecting a reasonable offer) does not apply in employment tribunals, but rejection of a 'without prejudice save as to costs' offer is evidence of unreasonable conduct that a tribunal may consider when exercising its costs discretion.
Lord Justice Mummery, Lord Justice Patten, Sir Henry Brooke
Costs; causation; the tribunal must look at the whole picture of unreasonable conduct.
Faithorn Farrell Timms LLP v Bailey[2016] IRLR 839[judgment]
HER HONOUR JUDGE EADY QC
Settlement; s.111A; the inadmissibility of pre-termination negotiations extends to internal discussions about the offer.
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