Compromise agreements
Discussion
GSP said:
That's very helpful - thanks very much!
I believe for the compromise agreement to be valid (i.e for it to prevent you going to tribunal at a later date) it HAS to be checked by someone legally competent (I don't recall exactly what the criteria for this was) and they have to sign to confirm this.
IIRC Not getting the employee to take legal advice is an invitation for a constructive dismissal claim.
IIRC Not getting the employee to take legal advice is an invitation for a constructive dismissal claim.
rpguk said:
I believe for the compromise agreement to be valid (i.e for it to prevent you going to tribunal at a later date) it HAS to be checked by someone legally competent (I don't recall exactly what the criteria for this was) and they have to sign to confirm this.
IIRC Not getting the employee to take legal advice is an invitation for a constructive dismissal claim.
If you mean a "competent legal adviser", who holds Professional Indemnity Insurance, then that'd be right!IIRC Not getting the employee to take legal advice is an invitation for a constructive dismissal claim.
Quick update and a question for you all.
Posted a letter off to my previous employers on Tuesday saying that I would sign a compromise agreement subject to an agreement on the settlement figure.
I emailed the Office Manager on Monday to confirm they had received the letter and got an out of office reply. On Tuesday morning I emailed again and got a message back confirming they had received my letter.
Am I expecting too much to have heard back by now? I'm expecting them to come back with a revised offer but they seem to be dragging their heels.
Cheers,
Phill
Posted a letter off to my previous employers on Tuesday saying that I would sign a compromise agreement subject to an agreement on the settlement figure.
I emailed the Office Manager on Monday to confirm they had received the letter and got an out of office reply. On Tuesday morning I emailed again and got a message back confirming they had received my letter.
Am I expecting too much to have heard back by now? I'm expecting them to come back with a revised offer but they seem to be dragging their heels.
Cheers,
Phill
Of course when you read said agreement you will find it incredibly onerous and near impossible to sign in honesty, for example, clauses like you will never disclose ANY fact about your work at the company to anyone, (which technically means you cannot tell anyone you worked there!). You will find lots of clauses about what you can't do and little about what the comany cant do.
And one about it being a breach to mention you have signed one or been offered one, so by posting on here, you're sort fo in breach!
They are a pain in the axxe and IME should, not be offered in a straightforward "redundancy" moresos where they want rid of someone but have the option of replacing them before the stat period that would apply in a redundancy. But it gives you the same package as you would get ina redundancy, but usually no more.
So the alternative is to say stuff it and wait for a straight redundancy! But I would suggest if you proceed with the CA, get a solicitor to review it ASAP and dont trust the first draft much!
And one about it being a breach to mention you have signed one or been offered one, so by posting on here, you're sort fo in breach!
They are a pain in the axxe and IME should, not be offered in a straightforward "redundancy" moresos where they want rid of someone but have the option of replacing them before the stat period that would apply in a redundancy. But it gives you the same package as you would get ina redundancy, but usually no more.
So the alternative is to say stuff it and wait for a straight redundancy! But I would suggest if you proceed with the CA, get a solicitor to review it ASAP and dont trust the first draft much!
ringram said:
Usually the company pays any solictors fees to review it.
However there is usually a consideration in order to encourage you to sign, which should be over and above any mandatory redundancy pay.
So if they are telling you to sign one, then make sure you get plenty of dosh to do so
I'm not entitled to any sat redundancy (been there under two years)... However there is usually a consideration in order to encourage you to sign, which should be over and above any mandatory redundancy pay.
So if they are telling you to sign one, then make sure you get plenty of dosh to do so
Hopefully this should be all resolved by Friday!
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