subject: Legal Advice For Compromise Agreements [print this page] A compromise agreement is reached between a company and an employee, when the individual agrees not to pursue a claim related to their employment, such as breach of contract or unfair dismissal. This deal is usually made in exchange for a sum of money, and it is important to be sure of your rights and obligations when entering into a compromise agreement.
If you are offered a compromise agreement by your current or previous employer, it is a good idea to consult a solicitor for legal advice on the terms and conditions of any agreements that have been set out. They will be able to advise you what an agreement should entail and include, how it should be presented and recorded, and what your choices are when considering the agreement.
A compromise agreement will be different for many people, depending on the situation in which it is proposed and the compromise which is being offered. Despite the varying nature of these agreements, there are legal requirements that any compromise agreement must fill, such as being presented in writing, relating to a specific complaint raised by the employee, and many more. A solicitor or legal advisor will be able to make sure that any agreement offered fits these conditions, and is therefore acceptable for consideration.
Many legal advisors will be able to offer general guidelines around compromise agreements, and there may even be many informative guides available online, however every agreement is tailored to an individual complaint, and should be dealt with by an experienced solicitor.
Consulting a solicitor is also a good way to ensure that you understand all aspects of the compromise agreement which has been offered to you, and are aware of any stipulations and conditions which may be included within the agreement, before you commit to it. One of the legal requirements surrounding compromise agreements is that the individual employee must receive advice from an independent legal advisor. You may prefer to search for your own advisor to fulfil this requirement, which is in place to ensure that you have a full understanding of any contract which you agree to. An independent legal advisor or solicitor will also be able to help you with any discrepancies in the contract, and can advise you on the form that any agreement should take. There are certain elements to an agreement such as a brief background to the situation and definitions of certain terms within the agreement which will need to be correct before you proceed.
A solicitor may also be able to help you negotiate or correct any rights which you are entitled to as part of the contract, such as termination payments, unused holiday entitlements, and payment in lieu of notice. Many people can be intimidated by legal contracts, but finding an experienced solicitor whom you trust is a good way to ensure that you are advised throughout the proceedings. Good legal advice will help you to agree on a suitable contract for your situation, and will ensure that you receive the benefits and rights that you are entitled to.
