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 'Independent Legal Advice'
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
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, 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
Redundancy, Employment Law, Negotiation, Redundancy Payment
December 11th, 2012 · 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, Negotiating a Settlement, Redundancies, Redundancy, Redundancy law, Redundancy Pay, Settlement Payment
Whether redundancy pay is negotiable or not really depends on the employer. There may only be a fixed budget allocated to making redundancies. Also, it is likely to depend on: the relationship the employee has with the company; the role he or she has in the company; his or her seniority; as well as circumstances […]
Tags: employment law·Negotiation·Redundancy·Redundancy Payment
Redundancy, Consultation Process, Suitable Alternative Position
December 4th, 2012 · No Comments · About Compromise Agreement Blog, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Consultation, Employment Lawyers, Employment Solicitors, Employment Tribunals, Independent Legal Advice, Redundancies, Redundancy, Redundancy law, Redundancy Pay, Your Compromise Agreement is a Binding Contract
During redundancies, part of the consultation process is that the employers must find suitable alternative positions for their employees. Following this, if there is none available and you are subsequently given a compromise agreement, it is probably worthwhile (if you are not happy with the offer) to seek to increase the offer rather than trying […]
Tags: Consultation Process·Redundancy·Suitable Alternative Position
Employment Law, Redundancy, Severance Package, Independent Legal Advice
October 25th, 2012 · No Comments · Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Redundancies, Redundancy, Redundancy law, Severance Pay
When facing redundancy, it is always worth knowing (with the help of an independent legal adviser) when to accept the severance package that is offered and whether it is a reasonable offer in your circumstances. It goes without saying that the circumstances of others may be different to yours. If you are facing redundancy and […]
Tags: employment law·Independent Legal Advice·Redundancy·Severance Package
Employment Law, Redundancies, Confidentiality
July 27th, 2012 · No Comments · Breach of Confidential Information, Compromise Agreement Solicitor, Compromise Agreement Solicitors, Compromise Agreements, Confidentiality Provisions in a Compromise Agreements, Employment Lawyers, Employment Solicitors, Independent Legal Advice, Post Termination Restrictions after Signing a Compromise Agreement, Redundancies, Redundancy, Redundancy law, Restrictive Covenants
As employment law solicitors, we often find when advising on redundancies and compromise agreements that employees are concerned about the length of time they have to keep information confidential. The obligation to keep information about your employer confidential is infinite unless it comes into the public domain or is required to be disclosed by law. […]