Protected conversations, section 111A, COT3s and consent orders, and the strategy of getting to a number.
The EAT in Edward holds that rule 62 reaches terms agreed in writing at any time, and survives s.144 of the Equality Act — but not a party who has told the tribunal, before the order is made, that he has changed his mind.
Employment tribunal proceedings are a repeated game. Axelrod's tournament proved that cooperative strategies outperform aggressive ones over the long run — and the implications for practitioners facing a pressure campaign from a well-resourced opponent are more concrete than you might expect.
The EAT in Tarbuc v Martello Piling Ltd reminds practitioners that Section 111A protection is not a procedural 'get out of jail free' card for employers who ambush employees with settlement offers.
The government's NDA consultation proposes conditions under which workplace confidentiality agreements can survive the new default-void rule in section 202A ERA 1996. What practitioners need to know.
In game theory, the saddlepoint is the equilibrium where settlement becomes rational. In employment litigation, reaching it requires information that can only be acquired by spending the money the settlement was supposed to save.
The most dangerous moment in an employment dispute is not when parties disagree about outcomes, it is when they disagree about what kind of dispute they are in. A short note on asymmetric game perception in the protracted grievance.
Employment disputes are strategic interactions with identifiable structures. Game theory does not tell practitioners what to do. But it tells them what kind of problem they are solving, which is the question most of them skip.
Everyone talks about the '18-month wait', but nobody models the system. Using Little's Law, I calculate why 515,000 outstanding cases might become the new normal.
With Day One unfair dismissal rights expected in Q2/Q3 2026, employers have approximately 20 weeks to prepare. A practical checklist for probation policies, onboarding, and manager training.
A cross-sectoral analysis comparing the flaws of "point estimates" in financial forecasting (OBR fiscal headroom) and litigation risk assessment (percentage prospects), arguing for the use of uncertainty bands instead of False precision.
Clients often ask how I arrive at a '60%' or '70%' chance of success. This article breaks down the methodology behind legal probability.
How to guess your award (without paying lawyers). A look at the Vento bands and Schedule of Loss calculations.
Settlement Agreements (s.111A / s.147) · Practice: AI & Citation of Authorities · Costs & Wasted Costs Orders in the Employment Tribunal