Compromise Agreements Solicitors & Lawyers » Without Prejudice Discussions

Unfair Dismissal

admin — Fri, 30 Jul 2010 07:17:28 +0000

Employers and employees should note that as of 1 February 2010, the compensatory award for unfair dismissall (maximum to be awarded) is now £65,300.00. There is no statutory limit on compensation payable as a result of Sex, Race and/or Disability Discrimination.

There is a limit of £25,000 on awards that can be made by tribunals in breach of contract (wrongful dismissal).

Also there is no statutory limit on compensation which a tribunal can award in unfair dismissal cases where the dismissal is automatically unfair such as

Disability discrimination
redundancy- If an employee is selected for redundancy which the law regards as automatically unfair dismissal
race discrimination
sex discrimination
pregnancy or maternity
paternity leave
right to be accompanied at meetings

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 – Payment in Lieu of Notice – Employment Solicitors – Compromise Agreements Solicitors

admin — Tue, 08 Jun 2010 11:36:06 +0000

Employees are constantly asking us whether their payments in lieu of notice (PILON) ought to be taxed. The answer is yes, theywill be taxed in the usual way plus national insurance will be payable. Any PILON will be included in an employee’s compromise agreement.

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

Completion Date when your Compromise Agreement becomes Binding

admin — Thu, 22 Oct 2009 04:48:22 +0000

Both employers and employees have to be aware of the completion date of a compromise agreement. In some cases the employer might put the termination date and the completion date as the same. This works if the employee is in the UK (not on holidays or travelling) and able to get the compromise agreement signed and returned to the employer.

The reason why this is so important is that on the completion date (i.e. the date stated in the compromise agreement), the without prejudice agreement becomes a binding agreement on both employer and employee and most importantly the offer made by th empoloyer to the employer lapses as of that date.

It is therefore crucial to ensure that if you are an employee that you can meet this deadline imposed by your employer and to be aware of it in case your circumstances are likely to change.

If that is the case, you would have to request your employer to revise this date to a more suitable one (explaining the reason why you need the change to be made).

Can You Increase your Offer? – Compromise Agreement

admin — Tue, 06 Oct 2009 22:50:47 +0000

Even if you instigate redundancy or you are chosen for redundancy, there is usually some room to try and improve your offer from your employer. You can only ask but you must be able to justify why the offer should be increased. You must have a valid reason in order to persuade your employer to increase the offer. Also, as we said before, please ensure that your holiday pay is taken into account .

These would be without prejudice discussions so you would not be able to rely on them in a Tribunal action or in court proceedings (if you sign a compromise agreement then remember you cant bring any Tribunal or court proceedings).

Once the offer is revised, you mustensure that the offer is correctly represented in your compromise agreement.