Compromise Agreement Solicitors & Lawyers » Payment of Legal Advisers

Redundancy Pay, Employment Law Compromise Agreement

admin — Sun, 22 May 2011 18:47:49 +0000

Employees facing redundancy are finding that a number of employers are simply offering statutory redundancy pay. Some employers are just offering the notice period to employees as their redundancy pay.

Compromise Agreement, Redundancy Pay, Solicitors Employment, Redundancy Rights, Unfair Dismissal Redundancy, Employment Lawyer

admin — Thu, 19 May 2011 14:19:29 +0000

An employee must take seriously an employer’s offer comprised in a compromise agreement. Most employers give a short timeframe in which to accept their offer. This means the employee obtaining independent legal advice and signing the compromise agreement within the time scale. In cases where the deadline is missed, the employee may not receive an enhanced payment. This is relevant in situations of redundancy or dismissal.

Compromise Agreement, Equality Act, Employment law

admin — Fri, 12 Nov 2010 12:17:04 +0000

Section 147 of the Equality Act 2010 http://www.equalities.gov.uk/equality_act_2010.aspx (“the Act”) has already become the subject of legal discussion, due to apparent ambiguities. This section of the Act sets out the requirements for an enforceable ‘compromise contract’ which purports to settle claims arising under the Act. The ambiguity is in relation to the definition of an ‘independent adviser’, the person advising a complainant under the Act on the terms of their compromise contract. As with a compromise agreement under the Employment Rights Act 1996, an employee/complainant would need to obtain independent legal advice regarding the terms and effects of the compromise contract given under the Act, particularly on the employee/complainant’s ability to pursue any claims against the employer. However, one of the requirements under the Act is that the independent adviser is a person who is not acting and has not acted for the complainant, which implies that an adviser who has provided advice to a complainant/employee in relation to a dispute with his or her employer which gives rise to the compromise contract, would be precluded from advising the employee on the terms of the compromise contract. According to leading opinions, the Act also implies that an adviser, who has been instructed to advise purely on the terms of the compromise contract, having not given any advice in relation to the dispute arising under the Act which leads to the compromise contract being given to the complainant, would similarly be precluded from advising on the terms of the compromise contract. Despite claiming that the position remains the same as before the Act, the Government Equalities Office has been asked to consider the ambiguities and clarify how these may be resolved.

If you require legal advice on a compromise agreement, 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 Law, Redundancy Law, Payment in Lieu of Notice, Employment Contract, Compromise Agreement

admin — Wed, 27 Oct 2010 10:47:10 +0000

We are revisiting the issue of payment in lieu of notice from a different angle this time especially in relation to redundancy. We are being asked by a number of employers and employees whether they could get around the issue of taxation of notice periods (PILON). One of the ways that we have considered to achieve this is to ensure that any payments are treated in the compromise agreements as severance pay and not treated as PILON. The revenue may still challenge whether the payments are severance pay or contractual rights and therefore subject to tax and NI contributions.

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

Compromise Agreement, Employment lawyers London, Negotiating a Settlement

admin — Wed, 13 Oct 2010 12:52:29 +0000

Our employment solicitors are finding that a numbe r of employers are offering employees compromise agreements in circumstances where there is no dispute and/or redundancy, but as a means of mutual agreement. The employer has to act fairly. The employee has to negiotiate a good package. It is worthwhile seeking legal advice from our employment lawyers in London at this stage to ensure that the employer is acting within the law and the employee is getting the best possible settlement.

If you require employment law advice especially on your compromise agreement, as we are specialist employment lawyers in London.

Compromise Agreement – Independent legal advice

admin — Tue, 03 Aug 2010 17:38:58 +0000

In the compromise agreement, it would state that the Employer would pay the solicitor a contribution of up to £[ ] plus Value Added Tax towards the employee’s legal costs if the compromise agreement is executed by the employee, subject to receipt of an invoice addressed to the employee but marked payable by the Employer, and subject to confirmation from the independent solicitor that such legal costs were incurred solely in advising the employee regarding the termination of the employee’s employment and the preparation of the compromisea agreement.