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What a compromise agreement actually means to workers by Isla Campbell





Article Author Biography
What a compromise agreement actually means to workers by
Article Posted: 11/22/2010
Article Views: 185
Articles Written: 1738
Word Count: 428
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What a compromise agreement actually means to workers


 
Law

Employers aim to keep everyone satisfied in their working environment, but sometimes disputes may arise that cannot be settled in-house, so it's important that employees know the options available to them when seeking legal help.

If an employee finds themselves facing contract termination, suspension or other disciplinary action that they feel is unwarranted, they may choose to take their employer to an employment tribunal. Managers can try to avoid this possibility by reaching a compromise agreement with unsatisfied workers, saving the expense involved in a lengthy court case. However, the benefits are not only on the side of the employer.

Compromise agreements protect managers from claims of unjust dismissal, and can also be highly beneficial to employees too, with agreements often resulting in a larger settlement fee than they would have received by accepting redundancy. The employee's resulting legal fees will also typically be paid by their employer, meaning workers won't feel pressured to hold back for fear of incurring a higher cost.

These agreements typically offer a much more expedient and cost-effective resolution for both parties, making them an appealing alternative to the court system. That's not to say that compromise agreements are in any way inferior or less official than employment tribunals however, with documents often being lengthy and requiring the signatures of consultants as well as the employer and worker involved, to verify that each has received sufficient and impartial legal advice. This latter factor is viewed as being especially important, as workers need to certify that they have not been pressured by their employers when agreeing to terms.

By choosing to proceed with a compromise agreement, the employee in question understands that they waive their rights to an employment tribunal. In most cases, the settlement reached by compromise agreements will be sufficient for their demands, but in some instances they may wish to take matters further - as can be the case if employers are accused of demonstrating prejudice in the workplace, for example.

Even if an employment tribunal has already been initiated, compromise agreements can be used as a binding means of settlement, if both parties favour the option. There are many advantages of compromise agreements for employers, including sections such as confidentiality clauses that restrict employees from discussing details of the agreement as well as certain areas of company operations. Employees can also benefit from the certainty the agreement offers, ensuring they will receive all promised payments - including outstanding wages, holiday pay and reimbursement of legal fees.


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