In the last few years employers are including restrictions on the right to make a data subject access request in compromise agreements. If an employee is concerned by this and wishes to make a request, he or she should do it before the agreement is signed. From our vast experience as employment lawyers advising on […]
Entries Tagged as 'Independent Legal Advice'
Employment Law, Redundancies, Data Subject Access
July 26th, 2012 · No Comments · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Data Protection, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Redundancies, Redundancy, Redundancy law, Subject Access Request
Employment Law, Redundancies, Compromise Agreement, Independent Legal Adviser
May 2nd, 2012 · No Comments · Adviser's Certificate in Your Compromise Agreement, Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Redundancies, Redundancy, Redundancy law, Redundancy Pay
If you are being made redundant and your employer provides you with a compromise agreement, a date would normally also be provided by which you must have returned it. The employee must ensure the compromise agreement is signed along with the adviser’s certificate, which is signed by the independent legal adviser, and returned by the […]
Tags: Compromise Agreement·employment law·Independent Legal Adviser·Redundancies
Employment Law, Redundancy, Maternity Leave, Unfair Dismissal, Constructive Dismissal
April 27th, 2012 · No Comments · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Constructive Dismissal, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Redundancies, Redundancy, Redundancy law, Unfair Dismissal
We are seeing many women facing redundancy whilst on maternity leave. Employees tend to think that because they are on maternity leave when they are selected for redundancy, this automatically means they have a case for unfair dismisal if they are made redundant, or for constructive dismissal if they resign. The position is that, if […]
Tags: Constructive Dismissal·employment law·Maternity Leave·Redundancy·Unfair Dismissal
Employment Law, Compromise Agreements, Confidentiality
April 25th, 2012 · No Comments · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Confidentiality Provisions in a Compromise Agreements, Contract of Employment, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Necessity for Legal Advice on the Terms of Your Compromise Agreement, Redundancies, Redundancy, Redundancy law
When advising employees on the terms of their compromise agreements, we always highlight the importance of confidentiality. Confidentiality provisions are not only contained within compromise agreements, but also employment contracts. Employees facing redundancy need to understand that confidentiality covers, not only the terms of the compromise agreement itself, but also the fact that they entered into […]
Employment Law, Redundancy, Compromise Agreements, Redundancy Payment
April 23rd, 2012 · No Comments · Adviser's Certificate in Your Compromise Agreement, Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Necessity for Legal Advice on the Terms of Your Compromise Agreement, Redundancies, Redundancy, Redundancy law, Severance Pay
We have vast experience of advising employees on their redundancy rights. When it comes to an employer making redundancy payments, these are generally only paid upon receipt by the employer of two signed hard copies of the compromise agreement. Therefore, once you have been advised on the terms of your compromise agreement and this has […]
Tags: Compromise Agreements·employment law·Redundancy·Redundancy Payment
Employment Law, Post-Termination Provisions, Employment Contracts, Compromise Agreements
April 17th, 2012 · No Comments · Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Non Compete, Non Solicitation, Post Termination Restrictions after Signing a Compromise Agreement, Redundancies, Redundancy, Redundancy law, Restrictive Covenants, Termination of Employment
As employment law solicitors, we advise employees on redundancies and the terms of their compromise agreements. We often find that they are unaware of, or do not fully consider the risks of breaching certain provisions that apply upon termination of employment, including non-solicitation and non-compete provisions. To reiterate what such provisions mean: Non-solicitation provisions prohibit soliciting/dealing […]
Tags: Compromise Agreements·Employment Contracts·employment law·Post-Termination Provisions
Employment Law, Redundancy, Post-Termination Restrictions, Joint Venture
April 4th, 2012 · No Comments · Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Contract of Employment, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Non Compete, Re-employment, Redundancies, Redundancy, Redundancy law, Termination of Employment
Both employers and employees should be aware of provisions contained within compromise agreements that prevent an employee from returning to the job altogether, following redundancy. From our experience as employment law solicitors, such provisions can have far reaching scope particularly in complex scenarios where, for example, an employer consists of a number of joint venture […]
Tags: employment law·Joint Venture·Post Termination Restrictions after Signing a Compromise Agreement·Redundancy
Employment Law, Redundancy, Employment Contract, Post-Termination Restrictions
March 30th, 2012 · No Comments · Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Contract of Employment, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Non Compete, Post Termination Restrictions after Signing a Compromise Agreement, Redundancies, Redundancy, Redundancy law
Many employees are not taking note of the importance and possible repercussions for breach of post-termination restrictions contained within their compromise agreements and contracts of employment, particularly for non-competition. From our vast experience as employment lawyers we have seen situations where employees taking redundancy have already obtained a new position with a new employer, but […]
Tags: Employment Contract·employment law·Post Termination Restrictions after Signing a Compromise Agreement·Redundancy
Employment Law, Redundancy, Compromise Agreements, Tax Indemnity, HMRC
March 22nd, 2012 · No Comments · Choosing an Independent Legal Advisor to provide Advice on the Terms of your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, HMRC, Indemnity, Independent Legal Advice, Redundancies, Redundancy, Redundancy law, Redundancy Pay, Taxation
Matters relating to tax in redundancies and tax indemnities in compromise agreements can be tricky. Although compromise agreements usually state redundancy pay is in full and final settlement and there will be no deductions of tax from the redundancy payment, tax indemnities mean, if the calculations for redundancy pay are incorrect and HMRC has sent […]
Tags: Compromise Agreements·employment law·HMRC·Redundancy·Tax Indemnity