There are circumstances when an employee may be placed on garden leave before the employee’s termination date and the signing of the employee’s compromise agreement. If you are an employee and you find yourself in this situation you have to ensure that, during the period you are at home outside the office, you are still […]
Entries Tagged as 'Compromise Agreements'
Garden Leave – Compromise Agreements
September 13th, 2009 · No Comments · Compromise Agreements, Dismissal Before the Termination Date, Entitlement to Untaken Accrued Holidays, Garden Leave, Payment in Lieu of Notice, Pension Rights, Signing Compromise Agreements, Termination Date, Termination of Employment, Untaken Holidays, Your Compromise Agreement is a Binding Contract
Jurisdiction Clause – Compromise Agreements
September 5th, 2009 · 1 Comment · Compromise Agreements, Jurisdiction
Typically the jurisdiction clause and choice of law governing compromise agreements are English law and English courts. We are coming across situations (more and more often) where employees may be, say, American Citizens and employed by US companies to work for their UK subsidiaries in the UK and the question arises which law applies (as […]
Breach of Confidential Information – Compromise Agreements
August 29th, 2009 · 24 Comments · About Compromise Agreement Blog, Breach of Confidential Information, Compromise Agreements, Confidentiality Provisions in a Compromise Agreements, Contract of Employment, Keeping the Terms of your Compromise Agreement Confidential
We have addressed the topic of confidentiality many times before. We are still finding that both employers and employees are at risk of breaching the confidentiality provisions in compromise agreements. For employers it is usually in relation to references. For employees they sometimes do not know what they are allowed to disclose to their new […]
Tags: Breach of Confidential Information - Compromise Agreements
Early Retirement – Pension Rights – Compromise Agreements
August 21st, 2009 · No Comments · Compromise Agreements, Early Retirement, Pension Rights
You may be considering early retirement or you have already made the decision to retire early. Your employer may ask you to sign a compromise agreement. As explained in previous entries on pension rights and compromise agreements, the amount of pension you will receive and other terms pertaining to your pension will not included in […]
Tags: Early Retirement - Pension Rights - Compromise Agreements
Pension Rights – Compromise Agreements
August 19th, 2009 · No Comments · Compromise Agreements, Pension Rights, Termination Date
If you are entitled to a pension after redundancy, then this will be dealt with separately by your pension provider. Pension rights are mentioned in your compromise agreement but no details of such rights would be included in the agreement. You would still need to check that you are given the right entitlement by your […]
Payment of Legal Advisers – Compromise Agreements
August 4th, 2009 · No Comments · Adviser's Certificate in Your Compromise Agreement, Compromise Agreements, Necessity for Legal Advice on the Terms of Your Compromise Agreement, Payment of Legal Advisers
How do legal advisers get paid when advising on compromise agreements? Your Employer will make a contribution to your legal cost. Usually there will be an additional charge if the lawyer has to negotiate with the Employer about the terms of your compromise agreement. Once the Employee receives legal advice and all queries […]
Tax Indeminty
July 17th, 2009 · 38 Comments · Basic Rate of Tax, Compromise Agreements, National Insurance Contributions, Post Termination Restrictions after Signing a Compromise Agreement, Signing Compromise Agreements, Your Compromise Agreement is a Binding Contract
Each compromise agreement has a tax indemnity. It usually causes a lot of discussions when we are advising Employees. It is a safe guard for the Employer in case the Employer has to make a payment to the Inland Revenue in respect of pyaments made to an Employee under a compromise agreement. A typical tax […]
Tags: Tax Indeminty
Adviser’s Certificate
July 16th, 2009 · 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 Agreements, Necessity for Legal Advice on the Terms of Your Compromise Agreement, Post Termination Restrictions after Signing a Compromise Agreement, Signing Compromise Agreements, Your Compromise Agreement is a Binding Contract
The independent legal advise prov iding legal advice on your compromise agreement has to sign what is called an adviser’s certificate. An adviser’s certificate should include the following:- ‘I, [Name of Solicitor] am a relevant independent adviser within the meaning of s 203 of the Employment Rights Act 1996. I confirm that: I am a […]
Adviser’s Certificate
July 15th, 2009 · No Comments · Adviser's Certificate in Your Compromise Agreement, Compromise Agreements
The independent legal advise prov iding legal advice on your compromise agreement has to sign what is called an adviser’s certificate. It states that:- ‘I, [Name of Solicitor] am a relevant independent adviser within the meaning of s 203 of the Employment Rights Act 1996. I confirm that: (a) I am a relevant independent adviser […]
Derogatory Comments – Compromise Agreement
July 30th, 2009 · No Comments · About Compromise Agreement Blog, Compromise Agreements, Derogatory Comments
One of the provisions in a compromise agreement that sometimes causes a lot of negotiations is the following:- The Employer agrees that, subject to its legal or regulatory obligations to third parties, it shall not make or publish any derogatory or disparaging statement concerning the Employee or do anything which is intended to or which […]
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