Clifford Chance

Records of conciliation before trade unions: Are they always unappealable?

29 October 2019

Some recent judgments have called into question from various points of view the principle that conciliations of employment disputes signed by an employee with the assistance of a trade union cannot be challenged.

Apart from cases in which it is a flaw in the consent (error, violence or fraud) that has been criticised, some of these judgments have emphasised the limits to which these records of conciliation are subject from both a substantive and procedural point of view.

In this regard it will be appropriate for undertakings to pay utmost attention to all prerequisites laid down by courts' decisions as otherwise the worker may challenge the agreement within 180 days of it being signed.

Download PDF