A Brief Guide To The Content Of A Uk Compromise Agreement
A compromise agreement is a legally binding contract made between an employer and
employee just prior to, or following a, termination of the employment contract. This type of agreement prevents an employee from taking legal action for a breach of their employment rights against the employer in return for a financial settlement. This article refers to compromise agreements in the UK as laws vary internationally.
Many compromise agreements are marked 'without prejudice' and 'subject to contract'. Without prejudice essentially means that if you were to pull out of the agreement and take your employer to a UK Employment Tribunal, the content of the agreement cannot be exhibited before the judge. Subject to contract means that the agreement is not valid until both parties have signed a legally binding contract, which will usually provide more detail than the original agreement.
What does a compromise agreement need to contain in order to be legally binding?
s.203 Employment Rights Act (1996) provides some basic instructions as to what such an agreement needs in order to be legally binding. These are as follows:
- It must be in writing.
- It should be connected to an employment contract.
- It should only be agreed by an employee who has sought independent legal advice.
- The independent legal advisor should have professional indemnity insurance to cover any risk that may arise from the claim.
- The agreement should identify the independent advisor and usually the advisor will sign to confirm that legal advice has been given.
If all of these things are followed and the document is signed by both parties then the agreement will be legally binding.
What sort of information does a UK compromise agreement contain and what consideration will I receive?
A compromise agreement will normally feature the following detail:
- Details of the employment contract such as the position worked, start date, end date, salary etc
- Information about any salary or annual which is still owed (be aware this will still be subject to tax and NI as normal)
- Any arranged garden leave prior to termination
- Any PILON (payments in lieu of notice) to be made
- Details of the financial incentive for the agreement
- Any agreement regarding references
- Any agreement regarding legal costs
- Any restrictive covenants about confidentiality
- Anti-poaching, competition or dealing clauses
- A waiver of your rights to bring a claim on the same grounds upon which the agreement was formed, in the Employment Tribunal
The amount of compensation that you receive under such an agreement will largely depend of the quality of your claim. This is an aspect of compromise agreements that a specialised solicitor can advise you further on.
The first 30,000 given under a compromise agreement is tax free. Additional money is also normally awarded for the insertion of clauses relating to confidentiality or competition. Usually the more flexible an employee is, the more the employer awards.
Is signing a compromise agreement mandatory?
No. Either side does not have to consent to signing a compromise agreement. If you do not want to sign the agreement then you are still open to make a claim to the Employment Tribunal. The limitation period for bringing a claim is normally 3 months from the date of the incident or 6 months from the date of redundancy.
Getting independent legal advice on such an agreement is not simply a rubber stamping exercise. So make sure you take advice from specialist compromise agreement solicitors.
by: Tim Bishop
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