Preparing for Compromise Meetings
Compromise meetings with the employer
It is more likely than not that prior to a compromise agreement being offered a number of meetings will be held between the employer and employee. This will certainly be the case in a redundancy situation, as the employer is obliged to conduct a consultation procedure prior to making the redundancies.
It is important to remember that a compromise agreement is only binding once it has been signed by you and an independent legal advisor. Therefore, you are not bound by the initial offer or any negotiations which take place in the compromise meetings. This said it is advisable to keep the agreement "open", so that the employer cannot later argue from a moral stand point that you agreed to the compromise agreement initially offered. Importantly, do not feel pressurise into agreeing anything you are unsure about. It is a requirement for any compromise agreement that you seek independent legal advice, therefore, it is perfectly acceptable to simply say that you would like to seek the advice of a specialist employment solicitor or that you would like time to consider their offer.
It is useful to keep a record of what is discussed in the compromise meetings as it will prove a useful aid in ensuring that the compromise agreement actually offered is a reflection of what was discussed and agreed.
The main reason why your employer is offering you a compromise agreement is to ensure that you waive any rights you have to bring a potential claim in an employment tribunal. If you think you have a potential claim it is important that you gather as much evidence in support of your claim as possible. For a comprehensive overview of your employment rights please visit http://www.employmentlaw.co.uk/.
In order to be able to assess whether the package offered in the compromise agreement is adequate to compensate you for your loss of rights it is vital that you seek advice from an experienced employment solicitor. An experienced solicitor will assess the value of any potential claim and compare it to the amount offered in the compromise agreement. For specialist, detailed advice on your employment rights and on the compromise agreement offered please contact Andrej Pungerl or Ruth Neil of Stone Joseph on 020 7854 9098.
Compromise agreement meeting with the employment solicitor
In order for an employment solicitor to be able to provide you with detailed advice on your compromise agreement and to perhaps suggest a way to negotiate a better package it is necessary for them to have sight of the following:
- The Compromise Agreement
- Contract of Employment
- Employment handbook
- Notes taken from Compromise meetings
- Evidence you may have in relation to potential employment claim
- Any other relevant information such as letters, emails.
One of the key issues the employment solicitor will explore with you is whether the financial package contained in the compromise agreement is adequate compensation for you waiving your employment rights. It is useful to have considered the following points prior to the meeting with the employment solicitor:
- The severity of the breach of your employment rights.
- The chances of success at the employment tribunal.
- The likely award that an employment tribunal will make.
- The strength of evidence you have of the employer's wrong doing.
- The advantages of taking an early settlement; are you prepared to invest the time, expense and emotional strain that litigation demands?
- The legal costs of pursuing a claim: are these out weighed by the potential financial award?
- Any adverse influence pursuing such a claim may have on your career.
- Do you have an offer of new employment? If so then accepting the compromise agreement would mean you are on "double pay" for a period of time.
- The first £30,000.00 is tax free
- Is there any other provision which you wish the compromise agreement to contain? For example, does the agreement provide for an agreed reference.
- What is the likelihood that the employer will increase the deal? Are other employee being offered more favourable agreements?
The employment solicitor should go through all of the above with you in detail. However, to enable you to consider them prior to meeting a solicitor please visit http://www.employmentlaw.co.uk/ for a comprehensive overview of your employment rights. To ensure you are as informed as you can be and in the best possible position to potentially negotiate a better compromise agreement it is advisable that you seek the advice of a specialist employment solicitor as early as possible.
At Stone Joseph we offer a non-chargeable initial telephone consultation where one of our experience employment partners will discuss and advise you on your compromise agreement and establish how best to progress with the matter.
You have nothing to lose and everything to gain by calling Stone Joseph (020 7854 9098) and speaking to Andrej Pungerl or Ruth Neil.