Some claims cannot be settled…
There are some claims that cannot be settled by way of a compromise agreement or settlement agreement:
- Claims for failure to inform and consult with appropriate representatives on collective redundancies.
- Claims for failure to inform and consult or failure to pay the compensation that is equivalent to the protective award under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), as well as claims for failure to provide employee liability information under TUPE 2006.
- Claims under the Agency Workers Regulations 2010 (SI 2010/93) (AWR) (Although it is possible to settle such claims with Acas-conciliated agreement).
- Claims for breach of regulations 5, 6 and 9 under the Employment Relations Act 1999 (Blacklists) Regulations 2010 (SI 2010/493).
- The right to statutory maternity pay, statutory paternity pay or statutory adoption pay as there is a restriction on contracting out of these payments.