Compromise Agreement – When To Keep Silent

If an employment relationship comes to an end, a compromise agreement is often entered into between the employer and the employee. The UK compromise agreement is a confidential document that sets out the terms upon which the employment contract ends. It will include details of any payments that the employee will receive and there will be promises made by the employee that the employer says it is relying upon to enter into the agreement.

A frequent promise asked of the employee is that he or she will not say any disparaging or critical remark about the employer in the future that could damage its reputation.

Facebook and Twitter

In the social media age, many people communicate with friends and others on Facebook or Twitter. If you leave employment on bad terms, there can be a temptation to let your friends, and sometimes the world, know what you think of the old employer.

It is important to remember that the promise not to damage the reputation of the employer will be linked with a right to demand the compensation back if you don’t keep the promise. Some employees have lost their compensation after comments put on Facebook or Twitter.

Also, it is worth remembering that many employers who are  interviewing for new positions check Facebook or Twitter to see if the person applying has a public profile in that way. I have heard of someone who did very well at interview and would have been offered the position but was not because after the Employer looked at Facebook, it didn’t like some of the remarks that were made on it.

Independent legal advice

Any employee asked to enter into an employment compromise agreement is required by law to receive independent advice from a solicitor about what it means before signing it. Do ask your compromise agreement lawyers, if there is an obligation in the agreement that you have to refrain from criticising your employer after you have signed it.

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Don’t Rush in to Signing your UK Employment Compromise Agreement

Most people would always think twice before signing any legally binding document or agreement, and with an employment compromise agreement this should be no different. In fact, when you sign your UK compromise agreement you are agreeing to a full and final settlement and giving up your right to take further action against your employer, which is why it is vital that you give the matter a lot of thought and consideration rather than rushing into signing it.

These employment compromise agreements can be very beneficial for the employer and the employee, but employees still need to think long and hard as to whether this is the best course of action and whether there could be any improvement to the settlement or terms of the agreement before it is signed.

As it is a legal obligation for employees to get independent legal advice about these  agreements before signing them it you should talk things over with specialist employment solicitors, which can prove invaluable for those that are confused or worried over what to do. Without this legal advice your compromise agreement is not legally binding – however your employer will usually fund some or all of the cost of this legal advice for you.

Before you make your mind up about whether you want to sign the agreement or not make sure you discuss fully the details of the issue and the actual agreement itself with your solicitor. Your solicitor can offer valuable advice on the fairness of the settlement in the agreement as well as checking over the terms and condition of the agreement. You should avoid rushing into a decision until you have discussed the agreement with your solicitor in details and received feedback from him or her with regards to the contents of the agreement.

By going over your employment compromise agreement in fine detail with the solicitor, and getting a better understanding of the agreement and what it means to you, it is possible for you to make a far more informed decision on whether to sign the agreement or look at the other options available to you. Do bear in mind that your compromise agreement solicitors can get the terms and settlement offer in one of these agreements looked at by negotiating with your employer so you may be able to get a better deal as part of the agreement once you have discussed matters with your solicitor.

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