Compromise Agreement Solicitors & Lawyers » Signing Compromise Agreements

Post-termination Provisions in Employment Contracts, Compromise Agreement

admin — Fri, 21 Oct 2011 15:41:08 +0000

Even when an employee is signing a compromise agreement, the employee should always refer to the post-termination provisions in the employee’s employment contract. If in doubt seek advice on employment law.

If you require further information 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, Compromise Agreements, Early Signing, Work out Notice, Warranty

admin — Fri, 14 Oct 2011 17:57:44 +0000

Sometimes employees are asked to sign a compromise agreement early and work out their notice periods, where they may have at least two to three months left before their termination dates. The usual practice is for the employers to ask the employees to sign additional warranties to cover the period from which the employees sign the compromise agreements to 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:

Employment Law, Compromise Agreement, Signed Original Copies, Redundancy Payment, Adviser’s Certificate

admin — Tue, 11 Oct 2011 13:22:16 +0000

Employers will not pay any redundancy payments unless they have received signed original copies of compromise agreements with the accompanying advisers’ certificates included. Although it is usual practice to return electronic copies to employers they tend not to pay compensation payment unless they receive original compromise agreements. This must be taken into account by employees and their independent legal advisers.

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

Employment Law – Enhanced Redundancy Entitlement can be subject to a Compromise Agreement

admin — Tue, 05 Jul 2011 14:37:41 +0000

In the case of Garratt v Mirror Group Newspapers Ltd [2011], the claimant claimed an enhanced redundancy payment pursuant to a collective agreement signed between his employer and the British Association of Journalists (a union of which he was a member). The entitlement to the enhanced redundancy payment of 2 weeks’ pay for each full year worked by the claimant was incorporated into his contract of employment by virtue of the said collective agreement.

The condition imposed by the respondent was that the claimant had to enter into a compromise agreement which would, amongst other things, extinguish all rights the claimant had or may have against the employer (to the extent permitted by law). The claimant refused to sign a compromise agreement, due to some outstanding issues with the respondent on the part of the claimant. The respondent therefore paid the claimant the statutory redundancy entitlement (which was over £30,000.00 less than he would have received under the enhanced package), and the claimant asserted that his entitlement to the enhanced redundancy was contractual and not subject to him signing a compromise agreement (which was not a contractual condition but rather based on the employer’s custom and practice). The claimant brought a claim for breach of contract on the basis that the respondent had breached the term of the collective agreement that now formed part of his contract of employment, as he was not required to sign a compromise agreement. Decision The court held that it was reasonable to imply that the enhanced redundancy entitlement would be payable subject to the employee signing a compromise agreement. The claimant appealed to the Court of Appeal.

It was held that the court was correct in arriving at the decision that the entitlement to the enhanced redundancy payment would be subject to signature of a compromise agreement by the appellant. In deciding not to sign the compromise agreement, the appellant had to decide whether the claims he would be waiving were potentially more valuable than the offer under the compromise agreement and seek one or the other – he could not have the benefit of both.

What is a compromise agreement, Redundancy Law, Solicitors Employment Law, Solicitors

admin — Mon, 04 Jul 2011 19:28:04 +0000

We are seeing a number of situations where senior executives who have a wealth of experience are being kept on by employers after being made redundant.

In such cases a compromise agreement would be issued and signed by both parties and the employee would be paid. As there is likely to be a long period between termination and the issuing of the first compromise agreement, the employee will be required to sign a further agreement confirming that the warranties are still accurate, to cover any issues that may have arisen during the period in question.

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.

Lawyer Employment, Employee Rights, Voluntary Redundancy, Solicitors

admin — Fri, 04 Mar 2011 22:24:24 +0000

If you are an employee you should be aware of a warranty that may be included in your compromise agreement. The warranty would state that the employee confirms that the employee has not accepted an offer of employment. An employe is at risk of being in breach of the employee’s compromise agreement, if the empployee accepts an offer of employment prior to the termination of the employee’s existing employment.

Employment Law, Compromise Agreement, voluntary redundancy, Confidentality

admin — Tue, 15 Feb 2011 22:33:35 +0000

If you are an employee and looking for employment law advice, then you should note that confidentiality is a crucial part of your compromise agreement. If you are yet to receive your draft compromise agreement, it is important that you do not disclose any confidential information about your employer in any pre-compromise agreement discussions with any third party, to ensure that you are not technically in breach of the confidentiality provisions that may be in your contract of employment. Once you sign your compromise agreement, the terms of the compromise agreemnt becomes binding.

Redundancy Pay, Employment Solicitors, Compromise Agreement E1W London

admin — Sat, 04 Dec 2010 11:53:18 +0000

The reason why an employer contributes to an employee’s legal costs is to ensure that the employee receives independent legal advice. The idea is that the lawyer will run through the terms of the compromise agreement and the implication, so that the employee would have a sound appreciation of what the employee is signing. This is crucial as there is no come back, once the document is signed by both parties and it becomes a binding agreement.

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:

© 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