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Settlement Agreements > Settlement Agreemenf > Flashcards

Settlement Agreemenf Flashcards

1
Q

What is a settlement agreement in UK employment law?

A

A settlement agreement is a legally binding contract between an employer and an employee that resolves disputes and typically includes the employee waiving their right to make a claim to an employment tribunal.

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2
Q

True or False: A settlement agreement must be in writing.

A

True

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3
Q

What is one key requirement for a settlement agreement to be valid?

A

The employee must receive independent legal advice before signing the agreement.

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4
Q

Fill in the blank: A settlement agreement typically includes a _______ clause, which prevents the employee from making further claims against the employer.

A

gag

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5
Q

What is the minimum age requirement for an employee to enter into a settlement agreement?

A

The employee must be at least 18 years old.

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6
Q

Which of the following is NOT a formal requirement for a settlement agreement? (a) Must be in writing (b) Must be signed by both parties (c) Must be notarized

A

c) Must be notarized

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7
Q

What should the settlement agreement specify regarding the claims being settled?

A

It should specify the claims that are being settled or waived by the employee.

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8
Q

True or False: An employer can unilaterally change the terms of a settlement agreement after it has been signed.

A

False

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9
Q

What is the role of independent legal advice in a settlement agreement?

A

It ensures that the employee understands the terms and implications of the agreement.

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10
Q

Fill in the blank: A settlement agreement must include a statement confirming that the employee has received _______ legal advice.

A

independent

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11
Q

What type of claims can be included in a settlement agreement?

A

Any employment-related claims, including unfair dismissal, discrimination, and breach of contract.

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12
Q

True or False: A settlement agreement can be used to settle future claims that have not yet arisen.

A

True

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13
Q

What is the purpose of a confidentiality clause in a settlement agreement?

A

To prevent the employee from disclosing the terms of the agreement or the circumstances leading to it.

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14
Q

Which party typically pays for the independent legal advice in a settlement agreement?

A

The employer usually pays for the employee’s independent legal advice.

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15
Q

Fill in the blank: A settlement agreement is often used in cases of _______ termination.

A

voluntary

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16
Q

What happens if a settlement agreement is deemed invalid?

A

The employee may still pursue their claims in an employment tribunal.

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17
Q

True or False: A settlement agreement can be negotiated verbally.

A

False

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18
Q

What is a common reason for employers to offer settlement agreements?

A

To avoid the costs and risks associated with an employment tribunal claim.

19
Q

Fill in the blank: A settlement agreement can include a _______ payment, often referred to as a ‘hush money’ payment.

A

compensatory

20
Q

What does the term ‘without prejudice’ mean in the context of settlement discussions?

A

It means that statements made during negotiations cannot be used as evidence in court.

21
Q

True or False: Employees can be forced to accept a settlement agreement.

A

False

22
Q

What is the effect of a ‘full and final settlement’ clause in a settlement agreement?

A

It prevents the employee from bringing any further claims related to the issues covered by the agreement.

23
Q

What is the standard time frame for an employee to consider a settlement agreement?

A

Typically, at least 10 days is advised for the employee to consider the agreement.

24
Q

Fill in the blank: A settlement agreement must be signed by both the employer and the _______.

A

employee

25
Q

Which of the following is a consequence of signing a settlement agreement? (a) The employee can still make claims against the employer (b) The employee waives certain legal rights

A

b) The employee waives certain legal rights

26
Q

What is the legal term for the process of reaching a settlement agreement?

A

Negotiation

27
Q

True or False: Settlement agreements are only used for dismissals.

A

False

28
Q

What must a settlement agreement include regarding the employee’s claims?

A

It must include a clear statement of the claims being settled.

29
Q

Fill in the blank: A settlement agreement may also include a clause about _______ of employment.

A

reference

30
Q

What is the significance of a ‘cooling-off’ period in settlement negotiations?

A

It allows the employee to reconsider and ensure they are making an informed decision.

31
Q

True or False: Settlement agreements can be used in cases of redundancy.

A

True

32
Q

What does the term ‘informed consent’ mean in the context of a settlement agreement?

A

It means the employee has a clear understanding of what they are agreeing to.

33
Q

Fill in the blank: A settlement agreement can provide for _______ payments to the employee.

A

financial

34
Q

What is a potential disadvantage for an employee when signing a settlement agreement?

A

They may waive important legal rights and claims.

35
Q

True or False: Settlement agreements are a way to resolve disputes without going to court.

A

True

36
Q

What is one of the key benefits of a settlement agreement for employers?

A

It allows them to resolve disputes quickly and avoid litigation costs.

37
Q

Fill in the blank: The employee must be given the opportunity to take _______ advice before signing.

A

legal

38
Q

In what circumstances might an employer offer a settlement agreement?

A

In cases of performance issues, misconduct, or potential redundancy.

39
Q

True or False: A settlement agreement can include a non-compete clause.

A

True

40
Q

What does a ‘no-fault’ clause in a settlement agreement imply?

A

It implies that neither party is admitting fault or liability.

41
Q

Fill in the blank: The _______ clause prevents the employee from making disparaging remarks about the employer.

A

non-disparagement

42
Q

What is the usual duration of confidentiality obligations in a settlement agreement?

A

It varies but often lasts indefinitely or for a specified period.

43
Q

True or False: Settlement agreements can be enforced in court.

A

True

44
Q

What is a common practice for employers when drafting settlement agreements?

A

To ensure clarity and avoid ambiguity in the terms.

Settlement Agreements (1 decks)

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