Compromise agreements bring an end to the employment law relationship. The normal practice is that an employer who often has been in conflict with an employee suggests that a compromise agreement be entered into. This can often be best for both parties as the employee is financially compensated for the loss of employment and employment rights while the employer is able to resolve the difficulty and in a manner that ensures the employee cannot raise a claim before an Employment Tribunal for the matters that are covered in the agreement. Each situation turns on its own facts and circumstances and employees must obtain independent legal advice.
In order for the agreement to become a legally binding one, the employee requires to obtain independent advice about the terms of the agreement and the legal consequences of entering into such an agreement. Given this requirement it is normal practice that the employer pays the legal fees of the solicitor involved in providing advice to the employee. This can be a term in the agreement itself and the advice provided is entirely independent and in no way affected by the fact that the employer may be paying for this advice to the employee.
At Employment Law Edinburgh we advise clients on a daily basis about compromise agreements and settlement agreements. If you have received such an agreement then contact us immediately. We will advise you on the terms of the agreement and in particular provide guidance on whether the financial "lump sum" is appropriate. We often return to employers on behalf of our clients to discuss increasing the compensation payable or negotiate certain terms within the agreement. Please contact us without delay if you have received such an offer.
No matter what your circumstances get in touch now for advice on compromise agreements and settlement agreements.
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