From our experience of advising on redundancies, we have seen that clients often overlook the importance of confidentiality. It is standard practice for a compromise agreement to contain a confidentiality clause, which typically outlines a promise made by the employee not to disclose anything relating to his or her employment, termination or compromise agreement to anyone, except legal advisers, immediate family and where the law requires.
The consequence of breaching such a provision could result in having to repay any redundancy payment received, due to a breach of contract.
As employment law solicitors, we have witnessed situations where this promise is potentially difficult for clients to keep. For example, if an employee is asked specifically the reason for leaving their employment, he or she would need to provide some reason. This is especially important if seeking a new job and at a job interview.
Employees should consider whether it is a good idea to have an agreed statement, which can be used if asked such a question. This may call for some negotiation.
Legal advice should be sought on this point and in relation to the terms of a compromise agreement.
If you require further information on the above from specialist employment law lawyers, please contact us at enquiries@rtcooperssolicitors.com or visit one of the following pages on employment law:
- http://www.rtcoopers.com/practice_employment.php
- http://www.rtcoopers.com/faq-redundancyemployee.php
- http://www.employmentlawyersinlondon.com/video.php
- http://www.employmentlawyersinlondon.com
- http://www.compromiseagreementlonuk.com/
© RT COOPERS, 2012. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.
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