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At
ALLIED
EMPLOYMENT SOLUTIONS
we can advise you on the consequences of
signing a Compromise Agreement prior to it becoming
a legally binding settlement.
To begin with you may find the following information
helpful:
What is a Compromise Agreement?
If you
reach an agreement with your employer about the
termination of your employment, it is important to
have the details in writing and for the agreement to
have legal effect.
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A
Compromise Agreement is a legally recognised and
safe way of terminating your employment and
finalising a settlement. It minimises the danger of
future complications or problems arising after the
end of your employment.
Do you need a Compromise Agreement?
If your employer does not comply with the law in
terminating your employment, you could complain
to the Employment Tribunal which may result in an
award of compensation.
As such, the only way an employer can be sure that
you will not complain to the Employment Tribunal
after the termination of your employment is for you
to sign away your right to do so. This is done in a
Compromise Agreement and has the effect of turning
the agreement between you and your employer into a
"full and final" settlement of any claims that you
may have had in respect of your employment.
Should you sign the Compromise Agreement?
Firstly, it should be borne in
mind that once your employer offers you a Compromise
Agreement, it can be safely assumed that you have, in
effect, been dismissed.
There is no legal obligation
for you to sign a Compromise Agreement and while it
is often preferable to resolve any potential dispute
without bringing Employment Tribunal
proceedings, should you not sign you will be free
to pursue any employment related claim that may be
appropriate.
Should you be considering entering into
signing a legally binding Compromise Agreement, it
is highly advisable that you seek guidance and
advice on the merits of any proposed settlement
figures and conditions and whether your best interests
may be better served by a referral to the Employment
Tribunal.
If you would
like to learn more on how ALLIED
EMPLOYMENT SOLUTIONS can
assist you in managing your employers 'Compromise
Agreement' proposal, why not complete our online
enquiry form or give us a
call on FREEPHONE 0800 567 7813 and
one of our friendly advisors will contact you. |