This session also takes place at 4.15pm

Settlement agreements are the bread and butter of employment lawyers and are often viewed as basic work for junior employment lawyers on which to cut their teeth. But, in light of a number of recent cases that potentially overturn our conventional wisdom on which claims can and can’t be validly waived by a settlement agreement, and the continuing debate on the use of NDAs, there are decisions to be made on what should and should not be included in the agreement that are less than straightforward. 

This session aims to update attendees and to arm practitioners to navigate the settlement minefield and will:

• Address the extent to which unknown and future claims can be effectively settled in light of recent case law, including the Court of Session’s Judgment in Bathgate and the EAT’s decisions in Ajaz and Arvunescu;
• Review the current position on the use of confidentiality clauses and NDAs in the light of the series of recent inquiries, consultations, regulatory and non-regulatory guidance and reports;
• Suggest practical tips for both employer and employee advisers – how can we best protect our client’s interests?