Introduction
The United Kingdom and the European Union have published their Trade and Cooperation Agreement, alongside a summary issued by the UK government and an explanatory brochure from the EU Commission. This article assesses the implications that the deal might have for employment law.
As predicted, in return for a tariff and quota-free trade deal, the United Kingdom has agreed that it will not reduce employment law rights below the standards that existed on 31 December 2020 – but only if this affects trade or investment. The United Kingdom is free to choose to diverge from future EU employment laws but the European Union may, within certain constraints and subject to an arbitration process, apply rebalancing measures if it obtains proof of a material impact on trade or investment.
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Wednesday, December 16, 2020
All the smart money is on 2021 to see an increased number of grievances and Employment Tribunal claims as the pandemic support regime winds down. Therefore this is probably a good moment to look at the practical lessons to be taken from
Cole – v – Elders Voice in the Employment Appeal Tribunal last month in relation to the possible unwinding of the settlements of those claims which you might reach.
In the end, and despite the procedural bits and bobs attached, both an ACAS COT3 and a statutory settlement agreement are just contracts. Under English law, a contract can be made void if there has been any misrepresentation on the way into it, i.e. an untrue statement of law or fact made by A to B which induces B to enter the contract with A, thereby causing B loss. It does not much matter for our purposes whether that misstatement of fact or law is made innocently, negligently or fraudulently – in any such case, B can seek damages