Ensure your interests are protected
Some things need proper legal expertise; binding agreements tend to be written in a language that is far more complex than that in everyday use. Whatever the topic it is necessary to have such documents drawn up by someone trained to do so.
When it comes to employment law there are now a number of areas where experienced solicitors are an essential part of the process in need of resolution. It may be employment contracts, disciplinary issues or health and safety issues. These are just a few examples of the range of things within the employment field.
It’s better to have a compromise agreement
It is all too easy to become emotive. A calm approach is essential in every legal situation and when it comes to reaching a solution within legal guidelines a successful negotiation is always better than confrontation.
Solution through negotiation
A compromise agreement is one such example of a document that needs both parties to agree with an independent third party signing to give it legal substance. It must be done by a properly qualified person such as a solicitor under the terms of the Employment Rights Law. That person must have indemnity insurance in place
Such an agreement signs away any rights to further claims against an employer after the termination of an employee’s service. The amount that an employee receives should be based upon several factors relating to their time in the job, current salary and responsibility and the reason that the employment is being terminated.
An employee will never be forced to sign and if he or she feels that a Tribunal will provide a better result then a signature is unlikely to be forthcoming. That is where negotiation is important. As long as an employee makes a claim within three months of their employment being terminated then he or she can go to a Tribunal. It is a matter of judgement whether this is a risk. Companies often offer more than the legal minimum but may withdraw that offer if called to a Tribunal.
Reasons for an agreement
The whole thing revolves around the provision of good advice and a willingness to get the situation resolved rather than seek a hearing. Management often has difficult decisions to make. Sometimes they involve closing down one part of the business which requires taking into consideration the financial cost of taking such a decision. Similarly the business may be relocating for a variety of reasons but still has a financial responsibility to the existing staff that is not moving to the new location.
If an agreement can be reached payment of the agreed sum should be forthcoming within the current month and the details of due date will form part of the agreement. There may be a tax free element and if there is, that will be included within any agreement.
An agreement is only enforceable if it includes a list of all the statutes that have been considered and accounted for in reaching the agreement. It is a full and final settlement and no one need worry that something will be missing.
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