Can An Employee Ask For A Settlement Agreement
However, it is important to get legal advice before you apply for a settlement agreement, especially if you are leaving anyway. Beyond special rights, employers will also strive to ensure that there are no other possible claims in the future that you may make against them. Comparison agreements for patterns or precedents often have a list of all types of known work claims, even those that might not be applied to you. For example, most agreements retain pregnancy and maternity formulations, regardless of your gender. You could refer to the rights of part-time workers and the right to be heard with respect to layoffs, even if you have never been in those situations. The transaction agreement must be entered into with restrictive agreements in your employee`s contract to ensure that your business is protected. Your lawyer will check your employee`s contract and ensure that binding agreements are included in the settlement agreement. If a transaction contract is proposed because you have seriously violated a contract, your employee`s lawyer may report that the restrictive agreements have “disappeared”.” Reintroducing the agreements into the transaction agreement ensures that you have protection, especially if a small additional consideration (money) is provided for your employee when confirming his agreements after termination. Think about the motivations and fears of the opponent. Your employer may be concerned about the cost of defending litigation or bad publicity. They might try not to have a reputation for paying people. If so, your lawyer may propose changes to the agreement to give your employer an additional guarantee that the agreement will be kept confidential.
In addition to the fact that you can legally be removed from your business without an employment tribunal being invoked, your employer will likely also benefit from certain clauses that are usually included in a settlement agreement. This is a transaction agreement (formerly known as a compromise agreement) which is a legally binding agreement between you and your employee. It is customary for you to pay severance pay in exchange for your employee`s agreement not to make claims in court or court. However, transaction agreements can also be used to reach a definitive conclusion to an employment issue that does not end the employment relationship. For example, settling a dispute over vacation pay. For a transaction contract to be valid against you, it must refer to certain sections of labour law. It must also contain clauses that say you are waiving some (or all) of your labour rights. . Many of the terms used have specific meanings that are necessary to give the transaction agreement its intended effect.
Transaction agreements are not legally binding unless the employee has received independent legal advice.