If you are being made redundant and have also raised a grievance against your employer, where the outcome of investigation upholds allegations made by you, you would have the upper hand with regards to reaching a settlement. Your employer would be far less inclined to take your matter to the tribunal, especially if there are […]
Entries Tagged as 'Your Compromise Agreement is a Binding Contract'
Employment Law, Redundancy, Termination, Mutual Agreement
March 11th, 2013 · No Comments · About Compromise Agreement Blog, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Redundancies, Redundancy, Redundancy law, Redundancy Pay, Signing Compromise Agreements, Termination Date, Termination of Employment, Your Compromise Agreement is a Binding Contract
As employment solicitors who regularly advise clients on redundancies, we have encountered a wide variety of situations, including instances where an employee’s employment is being terminated by mutual agreement with his or her employer. If you are in this situation it is important that you ensure that the fact your termination is by mutual agreement […]
Tags: employment law·Mutual Agreement·Redundancy·termination
Employment Law, Redundancy, Post-Termination, Employment Contract, Compromise Agreement
March 5th, 2013 · No Comments · About Compromise Agreement Blog, 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, Restrictive Covenants, Your Compromise Agreement is a Binding Contract
From our experience of advising people on redundancies, we have seen that some employers restrict their employees for up to 1 year before they can work for a competitor. This post-termination restriction will normally be set out in the employment contract as well as a compromise agreement, if the employee is being made redundant. If […]
Tags: Compromise Agreement·Employment Contract·employment law·Post-termination·Redundancy
Employment Law, Breach of Contract, Warranties, Redundancy, Compromise Agreement
February 22nd, 2013 · No Comments · About Compromise Agreement Blog, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Contract of Employment, Employment Lawyers, Employment Solicitors, Employment Tribunals, Enhanced Redundancy Pay, Independent Legal Advice, Redundancies, Redundancy, Redundancy law, Redundancy Pay, Repayment of Redundancy Pay, Restrictive Covenants, Severance Pay, Summary Dismissal, Termination of Employment, Warranties, Your Compromise Agreement is a Binding Contract
Following on from our previous post, working for another company whilst employed and where this has been expressly prohibited in you employment contract, would constitute a breach of contract. Your employer would be entitled to seek damages for this. Furthermore, if you are facing redundancy, your employer will usually provide you with a compromise agreement. […]
Tags: Breach of Contract·Compromise Agreement·employment law·Redundancy·Warranties
Employment Law, Redundancy, Employment Contract, Breach of Contract
February 21st, 2013 · No Comments · About Compromise Agreement Blog, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Contract of Employment, Employment Lawyers, Employment Solicitors, Employment Tribunals, Independent Legal Advice, Necessity for Legal Advice on the Terms of Your Compromise Agreement, Redundancies, Redundancy, Redundancy law, Restrictive Covenants, Termination Date, Termination of Employment, Warranties, Your Compromise Agreement is a Binding Contract
From our experience in dealing with redundancies, we have encountered situations where employees who, as per the terms of their employment contracts were not meant to work for anyone else whilst employed by their employers, have done so. In one instance, an employer working within the IT sector, with a creative job, in fact carried […]
Tags: Breach of Contract·Employment Contract·employment law·Redundancy
Employment Law, Garden Leave, Contract of Employment
February 14th, 2013 · No Comments · About Compromise Agreement Blog, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Contract of Employment, Employment Lawyers, Employment Solicitors, Employment Tribunals, Garden Leave, Redundancies, Redundancy, Redundancy law, Redundancy Pay, Termination of Employment, Your Compromise Agreement is a Binding Contract
Some employment contracts make provision for garden leave, whilst others do not. As employment lawyers we have seen situations, especially in the banking and IT sectors, where employees who were dealing with highly sensitive information, were simply dismissed and immediately removed from their positions. If you need legal advice on the terms of your contract […]
Compromise Agreement, Early Retirement, Pension
February 13th, 2013 · No Comments · About Compromise Agreement Blog, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Early Retirement, Employment Lawyers, Employment Solicitors, Pension Rights, Redundancies, Redundancy, Redundancy law, Redundancy Pay, Signing Compromise Agreements, Your Compromise Agreement is a Binding Contract
Where an employee takes early retirement, his or her employer will not necessarily get him or her to sign a compromise agreement. In any event, as employment law solicitors we would always advise the employee to clarify the following before retiring: (i) the last working day; and (ii) all matters relating to his or her […]
Redundancy, Compromise Agreement, Adviser’s Certificate, Independent Legal Advice
February 11th, 2013 · No Comments · About Compromise Agreement Blog, Adviser's Certificate in Your Compromise Agreement, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Employment Tribunals, Independent Legal Advice, Necessity for Legal Advice on the Terms of Your Compromise Agreement, Redundancies, Redundancy, Redundancy law, Redundancy Pay, Severance Pay, Warranties, Your Compromise Agreement is a Binding Contract
In redundancies and in respect of compromise agreements, the idea behind the adviser’s certificate is to signify that independent legal advice has been given to the employee in question. The lawyer providing independent legal advice on the terms of the compromise agreement must sign the adviser’s certificate. Equally most severance agreements will contain a warranty […]
Tags: Adviser's Certificate in Your Compromise Agreement·Compromise Agreement·Independent Legal Advice·Redundancy
Redundancy, Compromise Agreement, Employment Benefits, Medical Insurance, Post-Termination
January 31st, 2013 · No Comments · About Compromise Agreement Blog, Benefits - What happens to your Benefits once you sign a Compromise Agreement?, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Redundancies, Redundancy, Redundancy law, Signing Compromise Agreements, Termination Date, Termination of Employment, Your Compromise Agreement is a Binding Contract
Part of the idea behind entering a compromise agreement with your employer is that, once it is signed, all your employment benefits would cease on the termination date. This is the standard case unless a specific arrangement has been entered into between you and your employer. From our experience as redundancy solicitors, we have seen […]
Tags: Compromise Agreement·Employment Benefits·Medical Insurance·Post-termination·Redundancy
Redundancy, Compromise Agreement, Legally Binding, Severance, Employment Law
January 2nd, 2013 · No Comments · About Compromise Agreement Blog, 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, Employment Tribunals, Independent Legal Advice, Necessity for Legal Advice on the Terms of Your Compromise Agreement, Redundancies, Redundancy, Redundancy law, Signing Compromise Agreements, Your Compromise Agreement is a Binding Contract
Employees facing redundancy should be aware that until a compromise agreement is signed, it is not binding. Compromise agreements are only be legally binding when signed by both parties, i.e. the employee and employer. The significance of this is that any offer of a severance package is made ‘without prejudice’. If you need legal advice […]
Tags: Compromise Agreement·employment law·Legally Binding·Redundancy·Severance