More and more employees these days may find themselves being presented with the opportunity to sign an employment compromise agreement in order to resolve some issue or matter with the employer. |
This could be something relating to the termination of employment such as redundancy or dismissal, or it could relate to another employment related issue between the employer and the employee. These agreements are used to avoid the need to drag the matter out through courts and tribunals, which helps to speed things up for the employer and the employee.
Whatever the subject of the employment compromise agreement it is important to bear in mind that employees will have to receive independent legal advice - that is advice from a legal expert other than the one used by the employer - about the terms of the agreement. Without this advice the agreement is not a legally binding one and is not worth the paper it is written on.
Usually the employer will pay in part or in full for this legal advice for the employee, and if all goes smoothly the matter in had should be conclusively resolved quickly and with minimal hassle. These agreements help both the employer and the employee avoid the hassles, time, cost, and stress of tribunal and court action.
It is important - in fact a legal law solicitor requirement - for the employee to receive the legal advice before signing the agreement, as he or she needs to know exactly what it is that is being signed. It is also important to the employee to speak to the solicitor with any queries about the agreement no matter how small or insignificant they may seem. Make sure that you get advice from specialist compromise agreement solicitors prior to signing the agreement - they will go through the terms of the agreement so that you know exactly what you are agreeing to.
You should also seek the advice of these compromise agreement solicitors if you are confused about any part of the agreement, believe that your employer solicitors may have breached the agreement, are not sure what you can and cannot do under the terms of the agreement, or if you are considering going to the press. Also, if you sign the agreement but then believe that you may have a case to pursue the claim further - for example, as a result of personal injury that you were not aware of at the time of signing - you should also speak to a legal expert.
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