(Solution) CIPD AC 1.3 Process of case settlement before and during formal legal procedures
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Description
Solution
In Workplaces, a settlement of a claim mainly involves offering monetary benefits to an associated entity in terms of maintaining fairness instead of any loss, risks, or similar events. In this term, through acknowledging evidence, it has been found that there are primarily 2 types of a settlement involving ACAS ECS and SA.
ACAS ECS– As evidenced in ACAS (2022), this is identified as the COT3 agreement and attained through an Early Conciliation. This body is involved in resolving employment disputes for avoiding the necessity of transitioning to the formal recourse to an employment tribunal. When a resolution is agreed, it will be demonstrated in the COT3 Agreement. Further, unsuccessful early conciliation also lead to ACAS offering guidance in the entire employment tribunal proceedings with the resolution of a dispute.
As highlighted in Cashman and Ginnivan (2019), for settling an agreement, this form is applied to record terms of settlement of an employment tribunal claim/potential claim before moving to the ET1 fully filled. This is categorised as a holistic and conclusive dispute resolution with no chance offered for passing a tribunal claim in issues of interest or if a tribunal claim has been lodged or closed. A case law example is the Crazy Miss Cokehead Svetlana Lokhova Vs Russian Bank Sberbank CIB (UK) Ltd where a decision was made for the case not to proceed to the tribunal hearing further.
Employer/legal advisor– According to Acas.org.uk (2023), the employee has a right of sourcing for an advice from an employer or a legal advisor. The rationale of this is ensuring there is a discussion on the contents of an agreement. This can include the engagement of an independent solicitor (or a different advisor specified in the Employment Rights Act 1996 such as a properly certified trade union. The adviser ought to be elaborately and clearly identified as part of their written agreement. It would be employers to pay for the employees legal fees for the settlement agreement. The scope of their engagement is under protection of the S111a and ERA96. This is with the process required to be fully compliant with ACAS Code of practice 4 for being lawfully binding. According to the section, the contracts are binding and agreed upon by the parties. The individual rights could be waive the individuals right of pursuing the issue stated in the agreement in court of law or before an employment tribunal. This must be done in writing, not finality and legal binding.
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