Improper behaviour
[ch 2: page 18]Examples of improper behaviour under the Acas Code include:
• harassment, bullying, threats, intimidation;
• discrimination and victimisation;
• putting undue pressure on an employee to accept the terms offered, for example:
◊ not allowing a reasonable time (usually 10 calendar days) to consider the offer and get independent legal advice;
◊ saying at the start of negotiations that if the settlement proposal is rejected the employee will be dismissed;and
• by the employee, for example, threatening to undermine the employer’s reputation.
Improper behaviour does not include a party setting out in a “neutral manner” the reasons behind the proposed settlement agreement, or factually stating what is likely to happen if no settlement is achieved, including the possibility of starting a disciplinary process.
Setting too short a time scale for acceptance of the offer (just five days) and exaggerating the seriousness of disciplinary allegations were both examples of “improper behaviour” in the case of Lenlyn UK Limited v Kular [2016] UKEAT/0108/16/DM.
Acas, Settlement Agreements: Code of Practice 4 www.acas.org.uk/media/pdf/f/k/11287_CoP4_Settlement_Agreements_v1_0_Accessible.pdf
Acas, Settlement Agreements: Guidance www.acas.org.uk/media/pdf/2/b/Settlement_agreements_Dec_18.pdf