Compromise Agreement Solicitors & Lawyers » Redundancy

Employment Law, Compromise Agreements, Confidentiality, Post-Termination Restriction

admin — Tue, 31 Jan 2012 10:52:36 +0000

In terms of redundancy and compromise agreements, confidentiality means that you cannot disclose, not only the agreement itself, but also the fact that you entered into the agreement, as well as its terms. You should also make sure that before disclosing anything to your spouse or partner that you are able to do so as sometimes such persons are excluded from the remit of the obligation. Typically, disclosures to legal advisers and HMRC are allowed.

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.

Employment Law, Compromise Agreements, Ex Gratia Payment, Negotiations

admin — Wed, 18 Jan 2012 16:03:52 +0000

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:

Employment Law, Restrictive Covenants, Employment Contracts, Compromise Agreements

admin — Tue, 17 Jan 2012 09:31:51 +0000

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:

Employment Law, Restrictive Covenants, Employment Contracts, Compromise Agreements

admin — Thu, 12 Jan 2012 10:18:18 +0000

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:

Employment Law, Indemnity, Tax, Compromise Agreement

admin — Wed, 11 Jan 2012 09:56:16 +0000

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:

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

admin — Tue, 10 Jan 2012 14:35:38 +0000

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:

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

admin — Fri, 16 Dec 2011 09:37:52 +0000

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.

Employment Law, Redundancy, Confidentiality, Redundancy Pay

admin — Thu, 15 Dec 2011 09:02:32 +0000

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:

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

admin — Wed, 14 Dec 2011 08:51:05 +0000

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:

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

admin — Tue, 13 Dec 2011 18:39:26 +0000

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: