When managing redundancies, a settlement agreement can appeal to all parties. For employers, it’s a clean, claim-free legal resolution. For employees, it offers a discreet exit and agreed benefits rather than a P45 and an awkward scene. Handled correctly, it provides peace of mind for both, but missing key details can expose employers to legal or financial risk. 

Before offering or finalising any agreement, it’s vital to ensure the terms are watertight and fair, and settlement agreements are no exception. In instances of redundancies, workplace disputes, or performance-related exits, it’s suffice to say there could be some disgruntled parties involved looking for loopholes to expose. To keep things clean and compliant, here are five key checks every employer should make when considering a settlement agreement in 2025.

Clarity of Terms

Whether you’re dismissing an employee or deciding who gets the last doughnut in a pack of three, the key to any fair agreement is clear and precise terms. Employers should ensure every term is precisely defined – from payments and bonuses to notice periods, benefits, and reference wording – or risk disputes later on. A good practice is to double-check that the final document mirrors what was agreed during negotiations. For example, if the employee is being paid in lieu of notice, the agreement should specify this clearly and then confirm how the amount has been calculated. Transparency and clarity protect the employer and the employee alike, shifting the process from a heated argument to a mutually beneficial arrangement.

Scope of Claims Waived

A settlement agreement’s main appeal is, of course, the elimination of any future legal claims; however, there are certain rights for which claims cannot be legally waived, such as those for future personal injury or accrued pension rights. The agreement, therefore, should clearly list which statutory and contractual claims are being waived (such as unfair dismissal or discrimination). Overly broad waivers leave room for exploitation and could even invalidate the agreement altogether. By striking a balance between comprehensive coverage and lawful drafting, employers can ensure genuine finality and overall peace of mind.

Confidentiality and Restrictive Covenants

Most settlement agreements include confidentiality clauses to keep people from gossiping and protect business interests. It’s essential, however, to keep this element realistic and not so broad that it becomes unenforceable. In some cases, employers may also wish to specify restrictive covenants, in which case, the employee should receive further consideration (such as a payment or benefit) for agreeing to it. Examples might include a non-compete clause that prevents the employee from working for a competitor for a given period after leaving, or a non-solicitation clause that prevents the employee from poaching the company’s clients, customers, or staff. 

These restrictions must be reasonable and proportionate, meaning they must… 

cover only a fair geographic area 

last for a limited time 

relate specifically to the employee’s role and what needs protecting 

If handled properly (in other words, if you don’t go overboard with the restrictions), these clauses can help the company to stay protected after the employee leaves and ensures a fair exit procedure for all involved.

Sticking to the Process 

Even the most carefully worded agreement won’t be legally binding unless the process is followed correctly. Employers must allow the employee to seek independent legal advice from a qualified adviser and give them sufficient time to do so. Pressuring an employee to sign quickly or failing to document discussions properly could render the agreement invalid and burn the bridges you were trying to secure. Employers should also ensure these conversations remain discreet and confidential – if they’re keeping quiet, you should too. Liaisons must remain protected, meaning they cannot be used in ordinary unfair dismissal proceedings if discussions break down. A transparent, well-managed process not only safeguards the employer but also demonstrates fairness and respect toward the employee.

Tax and Other Implications

Before you breathe a sigh of relief, we need to talk tax. Ex-gratia payments are generally tax-free up to £30,000, but things such as contractual notice pay and bonuses are taxable through PAYE and will therefore have tax and National Insurance contributions deducted. Clearly outlining the tax status of each payment in the agreement ensures both parties understand what the employee will actually receive. Finally, while logistics like the return of company property, garden leave, and handover responsibilities might seem like the kind of topics that can be discussed over an eye-contact-less coffee in the break room, when specified in the agreement, they help prevent complications later on. 

You can expect every situation like this to be as unique as the individuals involved, so expert advice can be crucial when navigating settlement agreements. Taking these steps reduces the risk of disputes, protects the business and creates a clean break for everyone involved – hold the awkwardness.

To discuss your organisation’s settlement agreements or have one reviewed, speak to one of our Manchester-based employment solicitors today. 

The increasing cultural diversity of the UK workforce offers organisations significant advantages, including heightened creativity and innovation, and unapparelled engagement with diverse clients. Culturally diverse teams can enhance decision-making, attract top talent, and improve organisational reputation.

Managing multicultural teams, however, does also present its challenges. Communication barriers, differing cultural norms, and unconscious bias can create misunderstandings, conflict, and reduced team cohesion. Variations in attitudes toward hierarchy, punctuality, and teamwork can further complicate management and in extreme cases, can even result in legal claims, for example for constructive dismissal or discrimination, if not carefully managed.

At Glaisyers, we’ve noticed a steady rise in legal claims impacting our clients which involve the aforementioned issues, demonstrating the importance of getting things right in the first place.

To avoid becoming embroiled in these complications, we recommend that companies adopt inclusive and culturally sensitive strategies in all that they do. Key approaches include:

Cultural awareness training to build empathy and reduce bias.Inclusive leadership that values diverse contributions.Clear communication practices to avoid misunderstandings.Flexible HR policies that respect cultural and religious differences.Mentorship and support networks to offer help and guidance to employees.Celebrating cultural differences to foster unity and appreciation.

Effective management of a multicultural workforce transforms diversity into a source of strength, driving innovation and organisational success in an increasingly globalised economy.

If you have any concerns about managing multicultural teams or wish to ensure your policies and handbooks are up to date and suitably address these points, please do not hesitate to contact a member of our Employment Team.

Below, we answer some of the top HR and Employment Law questions that we’ve been asked by HR professionals and business owners this month:

1. Can we dismiss an employee during their probationary period?

Yes, but the dismissal must still be lawful and not discriminatory.
The probation period does not remove an employee’s employment rights and employers should still:

1. follow a fair (even if shortened) process;
2. give the correct amount of notice (whether this be contractual or statutory minimum notice); and
3. ensure that the reason for dismissal isn’t automatically unfair or discriminatory.

Top tip: Ensure that probation reviews are structured and clearly document the employer’s concerns.

2. When do we need to consult with employees about a redundancy situation?

Where an employer proposes to make 20 or more redundancies within a 90 day period at one establishment it will need to follow a collective consultation process. Generally, this will include a requirement to elect and consult with employee representatives. Even if an employer does not intend to make 20 or more redundancies in a 90 day period, it must still consult individually with affected employees.

Top tip: Start the consultation early and avoid rushing through the process to ensure that the process is meaningful and carried out at a formative stage.

3. Can we deal with sickness absence under our disciplinary policy?

A sickness absence process shouldn’t be dealt with under a disciplinary policy (although it could be appropriate where the absence has triggered a disciplinary procedure due to surpassing a certain level of absences). Calling any procedure followed for sickness absence a “disciplinary” matter would give the wrong impression and could elevate the risks of an employee bringing a claim of disability discrimination for example.

Top tip: Make sure that you have a complete employee handbook containing all relevant policies including policies on managing both short and long term sickness absence and that all employees are aware of and have access to the same.

4. Do we have to pay employees for overtime?

Generally, no, unless there is a contractual entitlement to paid overtime. However, employers must ensure that employees are paid at least the National Minimum Wage for average hours worked. They should also be mindful of working time limits and rest breaks.

Top tip: Make sure that arrangements for overtime are set out clearly in your contracts of employment.

As of 1 September 2025, a new corporate offence has been introduced in an effort to protect businesses and investors and crack down on fraud, following a 31% rise over the past year. The new ‘Failure to Prevent Fraud’ offence – under the Economic Crime and Corporate Transparency Act – dictates that an organisation will be criminally liable where a specified fraud offence is committed by an employee, agent or other ‘associated person’, for the organisation’s benefit, or where the organisation did not have ‘reasonable’ fraud prevention procedures in place. Crucially, this change means that liability does not depend on whether senior management was aware of the misconduct, but instead, whether or not suitable measures were implemented to prevent the crime from happening in the first place.

Is Your Company Ready?

ccording to Fraud Minister David Hanson, the introduction of this new offence is set to ‘strengthen our anti-fraud culture’, ‘build corporate trust’, and ‘support long-term economic growth’. “Fraud is a shameful crime” begins Hanson, “and we are determined to bring those responsible to justice.” While the introduction of this new zero-tolerance approach is an undoubtably necessary move and a welcome step for tackling fraud, it also puts companies at risk of unlimited fines and reputational fallout, so if you haven’t already, there’s no better time to tighten up your fraud prevention framework, than now. 

Understanding the New Liability

The offence covers a wide range of fraudulent conduct, including: 

False representation 

False statements by company directors 

Abuse of position 

False accounting, 

Fraudulent trading 

Cheating public revenue 

Aiding and abetting any of the above 

The organisation will only be criminally liable, however, if any of the above is committed with the intention of benefitting the organisation or the clients of said organisation. In the instance of personal gain, the individual is the only liable party. This strict new enforcement essentially means that accountability is now organisational as well as individual, making structured policies, internal controls, and oversight the new must-haves for all relevant bodies. Proactive risk management at this stage is not a legal requirement, but in the case of reports of fraudulent activity within your company, doing nothing now is the worst defence you could offer.

Who is it for?

‘Large organisations’ should take preventative action to prove that they take anti-fraud policies seriously. If you’re unsure whether your organisation qualifies as ‘large’, check it against the following criteria. Meeting two or more means you fall within this category: 

More than 250 employees 

Annual turnover exceeding £36 million 

Balance sheet total above £18 million 

While the offence applies only to ‘large organisations’, smaller companies aren’t quite off the hook, as they may still face related scrutiny under other fraud laws, and therefore should also be advised to pay attention to the change in legislation.

What Constitutes ‘Reasonable’ Prevention? 

Organisations can prove innocence if reasonable measures were put in place to prevent the fraud from occurring, but what classifies as ‘reasonable’ prevention? A poster about honesty in the break room? Shining a light in employees’ eyes at the end of every meeting? The suitability of action is, of course, discretionary, and relative to the scale of each company, but key actions across the board could include conducting fraud risk assessments to pinpoint vulnerabilities, implementing robust internal controls, establishing clear reporting lines and whistleblowing channels, and providing regular staff training. These procedures should be actively applied, regularly reviewed, and updated to keep up with evolving risks.

The Consequences of Non-Compliance

Failure to adhere to these guidelines comes with serious consequences – gone are the days of blissful ignorance towards what an individual staff member gets themselves involved with – companies could now face unlimited fines and reputational damage in the event of failure to prevent fraud, even without board-level knowledge. The fallout can be catastrophic, and failure to act could land Directors and PSCs under the microscope – senior leadership must regularly review policies, ensure employees understand their responsibilities, and embed a culture of compliance.

What to Do Next 

There’s no set answer to the question of exactly what your company should do next, as measures will be proportionate to your size and risk profile, so legal advice could be essential to tailor procedures and actions to your needs. The first step in any case though, is to conduct a comprehensive fraud risk analysis, reviewing and updating internal policies in accordance with the results. Providing regular staff training and establishing clear reporting and whistleblowing channels also puts your company in a good position to ensure that all employees are diligent in taking necessary actions to prevent fraud within the company. 

To ensure these measures are implemented effectively and to review your compliance framework against the latest Fraud Liability requirements, contact our team for expert guidance.

Since the pandemic, flexible working has completely reshaped the modern employment landscape. When offices sat empty and staff were forced to work from home, many companies discovered that remote and hybrid models weren’t just possible, but mutually beneficial for employers and employees alike. Reduced overheads, eliminating commutes, improved employee retention, and working from the sofa – what’s not to love? 

According to the Chartered Institute of Personnel and Development (CIPD), when it comes to flexible working arrangements, the vast majority of organisations (91%) offer at least some kind of arrangement, with the most common on offer being remote working, part-time hours, and informal flexibility. SMEs in particular say that 65% of their employees are able to work flexibly, compared with that of larger organisations at 53%. 

Due to the urgency of its implementation though, it’s no wonder that proper frameworks were not able to be put in place in time to support this new working model, which can put companies at risk of inconsistent practices and data security breaches potentially resulting in legal claims. Legislation is finally catching up to demand though, and as set out in the new Employment Bill, employers will need to justify refusals to flexible working requests more clearly and have good enough reasons if denying them. Since April 2024, employees are entitled to make flexible working requests from day one of their employment, rather than after 26 weeks of service. Employees now have just two months (from a previous three) to respond to said request and are required to handle them in a reasonable manner. Employees can also make up to two statutory requests per year, providing greater flexibility to adapt working arrangements to changing personal circumstances. 

Having clear and detailed flexible working policies is essential to protecting both employers and employees. Ambiguity can lead to misunderstandings, inconsistent treatment, and even legal disputes. Here’s what you need to know to stay on the right side of the law while maintaining you and your employees’ wellbeing.  

Can an Employer Still Say No?

While employers do have a duty to consider each request in a ‘reasonable’ manner, there are of course some circumstances in which flexible or hybrid working may not be sustainable for a company at that given time, in which case an employer can indeed refuse the request. A reasonable manner doesn’t mean just nodding along, nor does it mean dismissing requests without the grounds to do so, it involves engaging in a meaningful discussion with the employee, and genuinely considering how their request could work in practice rather than defaulting to a refusal. Employers should explore alternatives and compromises in instances where the full request is not possible, and records of these conversations should be kept. Being transparent about the business rationale and maintaining consistency across all teams helps demonstrate that the process has been fair and reasonable in coming to a solution.

Typical grounds for refusal include:

Burden of additional costs 

Detrimental impact on performance or quality of work

Inability to redistribute work across existing staff

If, for example, a team member’s requests to work from home two days a week was denied by management and put down to ‘team cohesion’ or something equally vague, without documenting the process, risks could include a potential claim of unfair treatment. To avoid this, employers must clearly outline the reasons, explore alternatives, and document communications. 

It’s important here, to clearly distinguish between flexible working (which refers to variations in hours, patterns, or shifts) and hybrid arrangements (which specifically involve working from home or another location rather than the office). Failing to treat these requests consistently and providing vague or insufficient reasons for rejection can lead to discrimination claims or accusations of unfair treatment.

Legal Considerations

Flexible and hybrid arrangements still carry legal implications beyond their initial request, in other words, you still have a duty of care over your employees in all the same ways as you would if they were under the same roof as you. 

Firstly, contracts must be updated to reflect the new working patterns/arrangements, including details of hours, locations, breaks, and expectations surrounding availability. This must be done within 28 days of the working conditions changing. Having all of these details agreed and documented means everyone stays on the same page and minimises disputes surrounding any of the aforementioned terms. 

While the home may not be a traditional workplace, risk assessments, ergonomic guidance, and regular check-ins remain crucial. 

Remote work may increase risks of sensitive data exposure, so secure systems, clear IT policies, and employee training are essential. 

Performance management should adapt to flexibility without feeling invasive, for example, setting clear objectives, monitoring outputs rather than hours, and maintaining open communication ensures accountability while respecting privacy. 

Wellbeing from a Distance

Wellbeing support is particularly important for remote workers, whose working conditions can make them significantly more prone to mental burnout than those working in the office. The Royal Society for Public Health (RSPH) recently found that 67% of remote workers surveyed, struggle to switch off from work. This can lead to increased isolation, burnout, and blurred boundaries between work and personal life – all of which can affect one’s mental health. Employers should combat this by taking a proactive approach to their teams’ mental wellbeing, by holding regular check-ins, and providing access to mental health resources.

IR35 and Contractors

No, it’s not a Star Wars character you’ve never heard of, though it can be just as tricky to understand. IR35 – sometimes referred to as the Intermediaries Legislation – is a set of tax rules that applies to people contracted through an intermediary who are not classed as genuinely self-employed by HMRC. Its purpose is to stop ‘disguised employment,’ where individuals might pay less tax than they should. Flexible work can be great for your employees, but it’s also been adopted by contractors, freelancers and other gig economy roles as a way of expanding their client base and fitting commitments around a varied schedule, therefore, ensuring clarity over status is critical, particularly with IR35 considerations affecting tax and employment rights. 

Flexible and hybrid working styles are no longer reserved for those lucky enough to find a job that offers them, they are essential options to boost productivity, retention, and crucially, legal compliance. As the law evolves to keep up with demands – including stricter timelines and clearer expectations for handling flexible working requests – employers must ensure their policies also keep pace, addressing contracts, wellbeing, and operational needs.

Book your Employment Law Health Check today to ensure your flexible working policies are legally compliant and prepared for future changes.