Gareth Walls is a Partner and Head of the A&L Goodbody's Employment group in Belfast. Gareth represents a number of local, national and international brands in business support, strategic workforce planning and high-profile tribunal matters. He also has significant experience advising stakeholders on complex redundancy, re-structuring and TUPE issues. Gareth is an accomplished commercial litigator with particular emphasis on procurement challenges and injunctive relief in the Employment context, as well as being a sought-after speaker on Employment issues in Northern Ireland.
Following a hugely successful presentation at this year’s Annual Review of Employment Law, Gareth Walls, Partner at A&L Goodbody, answers questions submitted on his topic, ‘A Solicitor’s Guide to Drafting Disciplinary Allegations’.
Q: Can an employer require an agreement to be signed by employee agreeing they will not make a Tribunal claim before the employer will release redundancy payment in compulsory redundancy situation?
This depends on the nature of the payment being made. In a compulsory redundancy where only statutory redundancy is being paid, an employer cannot withhold a statutory payment unless and until an employee signs a document saying they will not issue any form of Tribunal claim.Â
Where an employer is offering any enhancement from the statutory payment,
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