Compromise Agreements Solicitors & Lawyers » Dismissal Before the Termination Date

Employment Lawyers, Voluntary Severance

admin — Tue, 13 Jul 2010 23:19:52 +0000

If an employee agrees to take voluntary severance, the employee may have a 3 – 6 month’s notice period. The employee’s employment would end at the end of the notice period (‘the Termination Date’) by mutual agreement. It is usual practice to place the employee on garden leave up to and including the Termination Date.

If you require further information please contact us 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 Lawyers London – Employment Solicitors – Compromise Agreement Solicitors London

admin — Wed, 02 Jun 2010 12:33:21 +0000

An employee must ensure that any reason given by an employer in a compromise agreement for the employee leaving his/her employment is accurate.

Commonly, compromise agreements will say “your employment shall terminate on the Termination Date by reason of redundancy” or “your employment shall terminate on the Termination Date by mutual agreement”. It is not unheard of for a compromise agreement to state that an employee’s employment will terminate “due to capability”, where this assertion might be contended by the employee, so it is important that an employee attempts to negotiate such expressions out of the compromise agreement as this could have an adverse effect on the employee’s endeavours to secure subsequent employment. The reason being that an employer could refer to this reason for leaving in the employee’s reference.

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

Employment Lawyers – Post Termination Provisions

admin — Wed, 05 May 2010 18:03:48 +0000

Post Termination Obligations

When senior executives are leaving a company, the company may add additional clauses to their compromise agreements to ensure that they are bound. A typical clause would be

“You acknowledge that you will continue to be bound by the terms of your employment contract in relation to Confidentiality, Intellectual Property, Inventions and Patents and Post-Termination Obligations.”

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

Employment Law Advice – Garden Leave – Compromise Agreement – Dismissal – Redundancy

admin — Wed, 28 Apr 2010 22:27:28 +0000

A number of employees are being placed on garden leave and do not know what to expect during this period. You can be put on garden leave up to and including your termination date. If you are an employee, your employer may require you to sign a compromise agreement whilst on garden leave. This means that you would not be required to attend work or undertake any work. For instance, an employee will:

remain an employee of the employer until the termination date;
continue to receive normal salary and contractual benefits (less usual deductions for tax and National Insurance contributions);
be required to take any outstanding holidays;
not contact any customers, suppliers or business contacts of its employer or an Associated Company, or undertake any work on behalf of its employer or any Associated Company without the prior consent of, the employer;
not undertake work either on a self-employed basis or for any other company, firm, business entity or other organisation;
not contact the press or other media or make any statement regarding the employer or any Associated Company;
maintain obligations of good faith, fidelity and confidentiality.

The employer may:-

require the employee to carry out duties other than the employee’s normal duties ;
in its absolute discretion, appoint another person to carry out some or all of the employee’s duties.

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

Advice on Employment Law – Return of Property to Employers

admin — Mon, 16 Nov 2009 23:10:22 +0000

If you are an employee, your employer may ask you to give a warranty in your compromise agreement that before the Termination Date you will delete irretrievably any information relating to the business or business contacts of the Employer that you have stored on any magnetic or optical disk or memory of any personal electronic devices, including computers of any description, and/or mobile phones.

We have dealt extensively with warranties in this blog.

RT Coopers Solicitors can advise you in this regard. Contact enquiries@rtcooperssolicitors.com for a meeting or more specialist advice. We will give you an indication of our costs.

Garden Leave – Compromise Agreements

admin — Sun, 13 Sep 2009 10:48:39 +0000

There are circumstances when an employee may be placed on garden leave before the employee’s termination date and the signing of the employee’s compromise agreement. If you are an employee and you find yourself in this situation you have to ensure that, during the period you are at home outside the office, you are still discussing with your employer the terms of your compromise agreement. If in doubt, seek advice.

We are advising a number of clients that are placed on garden leave because, for instance, their employers want them to take this time away from the office without paying them in leiu of notice.

Use the time at home to sort out your pension rights (if applicable), to ensure that all of your holiday entitlements are agreed and that you are happy with the terms of your compromise agreement.

Warranties in Compromise Agreements Cont’d

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

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.

Warranties in Compromise Agreements Cont’d

admin — Wed, 24 Jun 2009 08:05:27 +0000

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. The warranties that we have discussed in this blog and which you will be required to give to your Employer, do not apply to the following:-

Any claim to enforce an Employee’s pension rights which have accrued up to the date of the compromise agreement under the Pension Scheme;
Any personal injury claim which an Employee is not aware as at the date of the compromise agreement; and
Any claim necessary to enforce the terms of the compromise agreement.

More regulations in the next blog entry.

Warranties in Compromise Agreements Cont’d

admin — Sun, 24 May 2009 08:37:48 +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: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.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, including but not limited to any claim for:

Any personal injury claim resulting from the Employee’s employment with the MRC of which he was aware as at the date of this agreement;
Failure to provide written reasons for dismissal.

More regulations in the next blog entry.

Warranties in Compromise Agreements Cont’d

admin — Thu, 21 May 2009 10:49:44 +0000

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, including but not limited to any claim for:

Breach of the Employment Act 2008;
Any personal injury claim resulting from the Employee’s employment with the employer of which he/she was aware as at the date of this agreement; or
Failure to provide written reasons for dismissal.

More regulations in the next blog entry.