Compromise Agreement Solicitors & Lawyers » Termination of Employment

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:

© 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, Holidays, Accrued Untaken Holiday

admin — Mon, 17 Oct 2011 17:50:07 +0000

It should be noted that some employers are asking their employees to take their holidays as they are not prepared to pay for accrued untaken holidays.

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.

Redundancy, Unfair Dismissal, Compromise Agreement London Solicitors, Law Firm Employment Law

admin — Sat, 15 Oct 2011 18:54:58 +0000

Employees should check with their legal advisers whether the advisers have potential conflict before instructing the firm to advise them on their compromise agreements.

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, Disciplinary, Negotiation, Dismissal

admin — Thu, 13 Oct 2011 13:16:19 +0000

Where an employee has accepted a compromise agreement instead of going through a disciplinary procedure, we have found that employers are less accommodating on certain points of the offer. It is down to hard negotiations and whether the employee really wants to incur such costs for negotiations. In saying that, however, there are key points that must still be included in the compromise agreement irrespective of the parties’ wishes.

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

Redundancy, Grievance Procedures, Resignation from Employment

admin — Fri, 22 Jul 2011 20:47:13 +0000

We have successfully drafted grievance letters for a number of employees in the last two months when such employees were faced with summary dismissal. In all cases the employees were able to remain in their jobs.

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.

Compromise Agreement – Post Termination Provisions – Redundancy

admin — Tue, 21 Jun 2011 23:23:46 +0000

We are advising a number of employees on post termination provisions in their contracts of employment and compromise agreements. You must ensure as an employee that you are not setting up in competition with your employer or soliciting any of your employer’s clients. You must take advice on post termination provisions in your compromise agreements.

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, Reference for Employment, Alteration of Draft Reference, Employee Reference

admin — Wed, 27 Apr 2011 11:56:49 +0000

When an employee receives a compromise agreement which contains a draft reference, the employer will usually reserve the right to alter the reference if new facts come to light which would render the reference inaccurate.