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What is a Compromise Agreement? |
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When an employee is terminated employers will want to avoid issues such as arguments over severance payments or being taken to court. The employer in such cases will usually offer the employee a compromise agreement.
The centre of the compromise agreement is that you will not pursue any employment law claims against your employer and in return for giving up the claims you will be given financial or some other form of compensation.
This will be binding under the law on you and your employer - in order to make sure you are aware of what you are committing to, it will be a requirement of the agreement to obtain independent advice.
What are the advantages of signing a Compromise Agreement?
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You will know exactly how much money you will receive and when – “the compensation payment”.
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Your employer will most likely cover your legal costs.
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You have an opportunity to negotiate on the terms being proposed.
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How long will it take for everything to be concluded? |
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It could take anything from 24 hours to a few weeks as this would depend on your circumstances and how much negotiation is required. In most cases the agreement will be concluded in a few days. We guarantee an efficient service. |
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Do I need to come to one of your offices? |
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No. We can do everything by phone and email. However if you prefer we are more than happy to meet you in person. |
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Who pays my costs for obtaining advice on my Compromise Agreement? |
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Although it is not a requirement under the law for your employer to pay your legal costs in relation to the compromise agreement, your employer will normally cover our fees leaving you nothing to pay.
What will your services include if I come to you with my Compromise Agreement?
- We negotiate the best compensation package – we always try to obtain higher compensation than initially proposed unless you ask us not to
- We advise you on all the potential claims you may have against your employer;
- We will ensure that the wording of the agreement provides you with the necessary protection;
- We may ask your employer to include a reference in your agreement giving you peace of mind when looking for your new job;
- We will deal with your compromise agreement speedily and efficiently;
- We are available outside office hours;
- We always explain the details immediately, in plain English and over the phone.
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What kind of clauses will a Compromise Agreement include? |
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A Compromise Agreement will deal with a variety of points including:
- the compensation payments you will receive and the level of tax you will pay, if any;
- your termination date;
- settlement of claims you may have under the law;
- confidentiality;
- return of all company property.
In some cases there may be requirements on you after your termination such as whether you can contact clients you dealt with or restricting you from working for a rival company.
If you are given any requirements like this we will be able to advise you on how this will affect you and your next job. |
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What makes a Compromise Agreement valid? |
- The agreement must be in writing – this is a requirement under the law and is particularly necessary for a compromise agreement as they are intended to secure the position between you and your employer.
- It must refer to what claims are being settled – this will appear in the agreement to be a long list of legal Acts as your employer will need to be clear about what claims you will not bring against them.
- The employee must receive independent legal advice from a named adviser on the terms of the agreement – this advice will make sure you are aware of what you are agreeing to when you sign it and confirm who has advised you.
- The agreement must state that your agreement meets the conditions regulating compromise agreements – this will make sure the agreement will offer the protections it should offer you and your employer.
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