Littleton Chambers
4 Experts
2 Contributions by Littleton Chambers Experts
PRACTICE NOTES
Judicial mediation
As with any litigation, alternative dispute resolution (ADR) is strongly promoted in employment tribunal proceedings and, in some situations, can be obligatory. For represented parties there is typically a built-in incentive to settle claims, since the default rule is that each side meets its own costs regardless of who ultimately prevails. Settlement curbs expenditure whilst also sidestepping litigation risk.
This Practice Note outlines the process of judicial mediation, one of the ADR options offered by the employment tribunal to assist the consensual resolution of disputes. Judicial mediation-unlike some other ADR routes available through the employment tribunal-is voluntary and depends on the agreement of both parties. The Practice Note is broadly divided into two parts (with an inevitable degree of overlap):
the first sets judicial mediation within the wider context of how ADR is used in the employment tribunal, and seeks to
Employment
PRACTICE NOTES
This Practice Note
This Practice Note explores the legal considerations triggered by a co-ordinated departure, where multiple partners of the same partnership or members of the same LLP leave to establish their own venture or join a rival of the partnership or LLP. It assesses potential unlawful behaviour and the scope of duties owed by partners and members under the Partnership Act 1890 (PA 1890), the Limited Liability Partnerships Act 2000 and the default rules in the Limited Liability Partnerships Regulations 2001, SI 2001/1090 (LLPR 2001). The significance of express terms in partnership deeds and LLP agreements is emphasised. Practical considerations are outlined, together with guidance on garden leave and post-termination restraints addressing competition, solicitation or the poaching of clients and/or other employees. Finally, remedies are reviewed, including springboard relief.
Comparable issues arise when analysing a team move from an employer. For further
Employment
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