SYSC 18.5 Settlement agreements with workers - FCA Handbook
source link: https://www.handbook.fca.org.uk/handbook/SYSC/18/5.html
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Status: Please note you should read all Brexit changes to the FCA Handbook and BTS alongside the main FCA transitional directions. Where these directions apply the 'standstill', firms have the choice between complying with the pre-IP completion day rules, or the post-IP completion day rules. To see a full list of Handbook modules affected, please see Annex B to the main FCA transitional directions.
SYSC 18.5 1Settlement agreements with workers
A firm must include a term in any settlement agreement with a worker that makes clear that nothing in such an agreement prevents a worker from making a protected disclosure.
- (1)
Firms may use the following wording, or alternative wording which has substantively the same meaning, in any settlement agreement:
“For the avoidance of doubt, nothing precludes [name of worker] from making a “protected disclosure” within the meaning of Part 4A (Protected Disclosures) of the Employment Rights Act 1996. This includes protected disclosures made about matters previously disclosed to another recipient.”
- (2)
Compliance with (1) may be relied on as tending to establish compliance with SYSC 18.5.1R.
- (1)
Firms must not request that workers enter into warranties which require them to disclose to the firm that:
- (a)
they have made a protected disclosure; or
- (b)
they know of no information which could form the basis of a protected disclosure.
- (a)
- (2)
Firms must not use measures intended to prevent workers from making protected disclosures.
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