Compromise Agreement – When To Keep Silent

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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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