Compromise Agreements Solicitors & Lawyers » Benefits – What happens to your Benefits once you sign a Compromise Agreement?

Compromise Agreements – Employment Lawyers – Benefits

admin — Fri, 13 Aug 2010 07:47:58 +0000

A number of employers allow benefits to continue beyond the termination date for a few months, sometimes up to 12 months. This would depend on the terms of the employee’s contract and/or what the employee is able to negotiate. All benefits must be included in the compromise agreement, even though employers tend to exclude them for the compromise agreements.

If you require legal advice on compromise agreements, please contact RT Coopers at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:

© RT COOPERS, 2010. 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

Employment Solicitors – Signing a Compromise Agreement – Counterparts

admin — Wed, 24 Mar 2010 00:36:19 +0000

Some employers are happy for the compromise agreement to be signed in counterparts. That means each party signs a separate agreement and they exchange so the employee gets a copy signed by the employer and the employer a copy signed by the employee. The compromise agreement has to make allowances for this, otherwise both parties have to sign the same document.

“This Agreement may be entered into in any number of counterparts and by the parties to it on separate counterparts, each of which when so executed and delivered shall be an original, but all the counterparts shall together constitute one and the same agreement.”

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

Employment Lawyers – Compromise Agreements Solicitors

admin — Mon, 25 Jan 2010 23:53:08 +0000

If you are on gardening leave and have been given a termination date for the termination of your employment, you may be required to notify your current employer if you have been offered a new job before the end of the termination date.

Usually once the employee notifies the employer, the employee’s employment would come to an end within 7 -14 days of notifying the employer.

All of these terms should be covered in your compromise agreement, if applicable.

If you require further information please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages:

Warranties in Compromise Agreements Cont’d

admin — Wed, 01 Jul 2009 22:27:32 +0000

We are continuing with our discussion on warranties in compromise agreements. Our previous entries explain a number of warranties that you will have to give to your employer. One of the key warranties is that:

1. You have received independent legal advice on all and any claims that you might be able to bring against your Employer in the Employer Tribunal and the High Court/County Court in respect of your employment and termination of employment.

2. You further warrant you have reviewed such claims with the Independent Adviser and been advised upon the possibility of pursuing such claims and you waive your rights to pursue such claims

3. You further warrant and confirm that:

i. You have no other complaints whatsoever against your Employer (except those referred to in the previous entries on warranties);

ii. You acknowledge that your Employer has agreed to pay the Severance Payment only on the strength of that warranty;

iii. Save in respect of claims relating to personal injury and pension rights (as explained in the earlier entries), you will refrain from presenting any complaint to an Employment Tribunal, County Court or High Court; and

iv. You will not present your Employer with any questionnaire, data subject access request or request under the Freedom of Information Act 2000 (if relevant) in relation to your employment or its termination or in relation to any other matter arising prior to the date of the Compromise Agreement except in respect of any breach or information which may come to light after the date of the Compromise Agreement.

More regulations in the next blog entry.

Dismissal Before the Termination Date

admin — Thu, 12 Mar 2009 17:37:45 +0000

Your employer has the right to dismiss you before the Termination Date if your employer has reasonable grounds to do. It could happen if your employer becomes aware of information that could lead to your dismissal. Your employer has the right to summarily dismiss you, for instance, for any breach of your Contract of Employment. In the event that your employer summarily dismisses you at any time prior to the Termination Date, you will not be entitled to receive any of the payments and/or benefits provided for in your Compromise Agreement.

Pension Rights

admin — Sat, 28 Feb 2009 04:59:39 +0000

All of your benefits will cease by the Termination Date i.e the date your employment contract comes to an end with your employer, unless you have made a separate arrangement for benefits to continue to a particular date beyond the Termination Date.

In terms of pension rights, they are excluded from your Compromise Agreement and you will have to speak with your pension provider to obtain specific details. Usually with pension schemes, you would no longer be allowed to contribute to your pension beyond the agreed date.

Benefits

admin — Tue, 03 Feb 2009 15:16:27 +0000

If you are at risk of redundancy or have been told when the last day of your employmemnt is going to be, you should note that all of your benefits will cease on this termination date. You should check with your pension provider about what’s going to happen to your contributions that have already been made. Each pension provider will be different, so you must ensure you are fully aware of what is going to happen when your employer ceases to pay your benefits.