Improper behaviour 




Examples of improper behaviour under the 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;




• 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 a too short 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.