Compromise Agreement Solicitors & Lawyers

Advice on your compromise agreement, unfair dismissal or redundancy law Tel: 0207 488 9947 or Email: enquiries@rtcooperssolicitors.com

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Employment Law, Compromise Agreements, Ex Gratia Payment, Negotiations

January 18th, 2012 · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Ex Gratia, Negotiating a Settlement, Redundancies, Redundancy, Redundancy law, Redundancy Pay

It is advisable that employees try to negotiate the ex gratia settlement payment with their employer as early as possible, to maximise the amount they can get. This is especially the case if the employees have any unresolved grievances or appeals. These can be used as leverage in trying to get better payment than may be possible if no grievances were in place.

If you require further information about redundancy law, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2012. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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Employment Law, Restrictive Covenants, Employment Contracts, Compromise Agreements

January 17th, 2012 · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Contract of Employment, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Non Compete, Non Solicitation, Post Termination Restrictions after Signing a Compromise Agreement, Redundancies, Redundancy, Redundancy law, Restrictive Covenants

We often advise on other post-termination provisions (that is, aside from confidentiality), including non-solicitation and non-compete provisions.

  • Non-solicitation provisions prohibit ex-employees from soliciting/dealing with certain individuals closely related to their ex-employers (employees, customers and suppliers).
  • Non-compete provisions prohibit ex-employees from setting up a business which may be seen as a competitor to the ex-employer.

Normally, post-termination restrictions will last for 10-12 months. The idea behind them is to protect the ex-employer’s legitimate interests. However, it is possible for restrictions to be seen as too wide in scope by the Courts and therefore unenforceable.

Legal advice should always be sought in relation to post-termination provisions.

If you require further information about redundancy law, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2012. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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Employment Law, Restrictive Covenants, Employment Contracts, Compromise Agreements

January 12th, 2012 · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Confidentiality Provisions in a Compromise Agreements, Contract of Employment, Employment Lawyers, Employment Solicitors, Redundancies, Redundancy, Redundancy law, Restrictive Covenants, Termination of Employment

Employees should be mindful of restrictive covenants such as confidentiality provisions contained in employment contracts, which apply post-termination. These are normally contained in compromise agreements as well as employment contracts.

If you require further information about redundancy law, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2012. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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Employment Law, Indemnity, Tax, Compromise Agreement

January 11th, 2012 · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, HMRC, Indemnity, Independent Legal Advice, Redundancies, Redundancy, Redundancy law, Taxation

Usually there is a tax indemnity in a compromise agreement, meaning if Her Majesty’s Revenue & Customs (formerly Inland Revenue) makes claims for penalties from an ex-employer, the ex-employee has to indemnify the ex-employer for any taxes due. This would apply if for example, there has been a miscalculation of taxes payable under the compromise agreement.

It is advisable to have a provision in the compromise agreement to the effect that, in the event that Her Majesty’s Revenue & Customs issues a penalty against the ex-employer in relation to the ex-employee, the ex-employee then has the opportunity to discuss the penalty with the revenue services (at the employee’s cost) before the ex-employer makes payment.

If you require further information about redundancy law, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2012. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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Employment Law, Redundancy, Holiday, Payment in Lieu of Notice

January 10th, 2012 · Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Entitlement to Untaken Accrued Holidays, Holiday Entitlement, Independent Legal Advice, Payment in Lieu of Notice, Redundancies, Redundancy, Redundancy law, Taxation, Untaken Holidays

With regards to compromise agreements, it is always advisable to clearly set out any untaken accrued holidays and payment in lieu of notice and to show these separately, as they are both taxable.

If you require further information about redundancy law, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2012. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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Employment Law, Redundancy, Enhanced Redundancy Pay, Statutory Redundancy Pay

December 16th, 2011 · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Enhanced Redundancy Pay, Redundancies, Redundancy, Redundancy law, Redundancy Pay, Statutory Redundancy Pay

In some cases employees can accept compromise agreements without going through the redundancy process. This could mean receiving an enhanced redundancy payment rather than a statutory payment.

If you require further information about redundancy law, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2011. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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Employment Law, Redundancy, Confidentiality, Redundancy Pay

December 15th, 2011 · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Confidentiality Provisions in a Compromise Agreements, Contract of Employment, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Necessity for Legal Advice on the Terms of Your Compromise Agreement, Post Termination Restrictions after Signing a Compromise Agreement, Redundancies, Redundancy, Redundancy law, Redundancy Pay, Repayment of Redundancy Pay, Restrictive Covenants

Some employees are still not aware of the importance of confidentiality and complying with those provisions within their employment contracts as well as the confidentiality provisions within their compromise agreements. A breach of any of these provisions will in most cases, and at the very least, lead to the employees being made to repay any redundancy payments as a debt to the company.

If you require further information about redundancy law, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2011. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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Employment Law, Redundancy, Payment in Lieu of Notice, Settlement Payment

December 14th, 2011 · Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Payment in Lieu of Notice, Redundancies, Redundancy, Redundancy law, Redundancy Pay, Taxation

In order for an employer to provide an employee with payment in lieu of notice, this must be referred to in the employee’s employment contract. Some employers are incorporating the notice period as part of the settlement payment, which is tax free. We always advise that there is a risk that Inland Revenue may decide that this amount may in fact be taxable.

If you require further information about redundancy law, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2011. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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Employment Law, Redundancy, Re-employment, Compromise Agreements, Redundancy Payment

December 13th, 2011 · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Re-employment, Redundancies, Redundancy, Redundancy law, Repayment of Redundancy Pay

We have seen employers implementing a practice whereby, they make employees redundant in the hope that once the climate changes, they would re-employ them. Those employees should note that if they are re-employed within two years of being made redundant, they would have to repay their redundancy payment. This is something which is usually included in the terms of a compromise agreement and which employees should be aware of.

If you require further information about redundancy law, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2011. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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Employment Law, Redundancy, Compromise Agreements, Setting Up Own Business

November 30th, 2011 · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Confidentiality Provisions in a Compromise Agreements, Employment Lawyers, Employment Solicitors, Redundancies, Redundancy, Redundancy law

A number of employees facing redundancy then contemplate setting up their own business. Such employees must be sure about certain issues, including the information they can put on their websites. Some employees will want to rely on and disclose work done during their employment. However, employees need to obtain consent from their employers in order to do this, and the details should be set out in a Schedule to their Compromise Agreements.

If you require further information about redundancy law, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2011. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

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