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In the second reading of the Enterprise and Regulatory Reform Bill Vince Cable confirmed that he will be making amendments to the Bill at the committee stage to increase the use of settlement agreements (currently compromise agreements). Little detail was given as to how such agreements would work in practice but they will go further than the current ‘without prejudice’ rule as there will be no need for an existing dispute. Genuine ‘without prejudice offers’ made in an ongoing dispute cannot be adduced as evidence in Tribunal, where as offers of settlement agreements may be. The Shadow Business Secretary (a former employment lawyer) raised concerns whether the relationship of trust and confidence would be able to survive an employee rejecting a pay-off offer made out of the blue without him or her having done anything wrong. Such a situation could lead to a claim of constructive dismissal and therefore begs the question whether settlement agreements will “ease the handling of workplace disputes”.
H&M is the latest retailer to confront its landlords about this ‘two tier retail market’ in an attempt to explore and negotiate more favourable terms.
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Ann Summers is the latest retailer to have entered into new voluntary deals with the majority of their landlords, rather than using the CVA process.
We previously reported on the High Court decision of S Franses Ltd v The Cavendish Hotel (London) Ltd in which it was held that a landlord’s motive could not prevent it from successfully utilising ‘ground (f)’ under s30(1) of the Landlord and Tenant Act 1954 to oppose a lease renewal.
The FCA are encouraged to find that the implementation of the new rules has encouraged financial institutions to manage whistleblowing cases and concerns fairly, consistently and in a manner that protects the individual whistleblower.
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