Features

Childcare Counsel - settling a claim, obligations when selling a nursery

Our resident employment lawyer, Caroline Robins, senior associate solicitor at Eversheds Sutherland, answers your questions

An ex-employee has threatened to bring an Employment Tribunal claim against the nursery. Will a settlement ensure the fact of the potential claim and the details of its background do not become public knowledge?

It is important that any settlement terms are recorded in writing in a settlement agreement or an ACAS (COT3) agreement. Such agreement should include appropriately drafted confidentiality terms, to ensure that the settlement terms and the circumstances surrounding the dispute cannot be disclosed by the ex-employee. Many employers will also include terms ensuring that the ex-employee cannot make disparaging statements about the nursery or any employees of the nursery.

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