Compromise Agreements Employment Law Advice for the Employee - solicitors nottingham - Employment Law Solicitors UK - Compromise Agreements - Legal Advice

 
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Compromise Agreements - Employee

A compromise agreement is a legally binding agreement between an employer and an employee which is usually entered into either shortly before or after the termination of an employees employment.

Essentially, compromise agreements allow for a clean break to the employment relationship where the employee agrees to waive the right to bring certain claims in return for an agreed sum in compensation.

Compromise agreements are most commonly used where matters might otherwise lead to legal proceedings or where the employer is proposing to make ex gratia payments to the employee as often occurs in redundancy situations.
 


Anthony Kay
 

 
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Anthony Kay
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We have a great deal of experience in advising on compromise agreements ranging from relatively routine settlements to complex high value agreements.

Because we advise both employers and employees we have the ability to consider the proposal from both perspectives with a view to maximising your position.


In particular we can:

  • advise you on the terms and effect of the proposed agreement

  • advise you on your fallback position if you do not want to accept the terms negotiate on your behalf to secure improved terms

  • negotiate on your behalf to agree the terms of a reference

  • advise as to the tax implications of the agreement

Because it is a legal requirement that an employee receives independent legal advice before entering into a compromise agreement, employers will usually pay a contribution towards the cost of taking advice. However this is usually limited to a fixed sum and will only become payable in the event that the agreement is actually concluded.

In straightforward cases the employers contribution is normally sufficient to cover all legal costs and, if this is not likely to be the case, we seek to negotiate a higher contribution from the employer.

However in complex cases where negotiations are entered into with a view to securing more favourable terms the employers contribution may not cover all of the legal costs involved. In these cases we can either account to you for any costs incurred over and your employers contribution on:
 

  •  an hourly rate i.e. pay as you go basis or,
     

  •  under a no win no fee agreement where we would charge a fixed percentage of any increase we secure to the total value of the package on offer. If no increase is secured our costs would be limited to the contribution made by your employer and there would be no additional charge to you.

For further information on funding employment law advice please see our funding section.

If you have been offered a severance package or a compromise agreement please contact us
 

 
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