Kent Solicitors

Employees should be warned that compromise agreements can, and do, typically include clauses that go far beyond the simple compromise of potential tribunal claims.

Whilst employees can be reasonably expected to waive their rights in respect of claims they are currently aware of, for instance redundancy pay and/or notice pay, employees should not waive their rights in respect of potential future claims of which they are not aware, for example pensions or personal injury claims.

Some employers include in their compromise agreements covenants preventing an employee from competing with the employer in the future; a clause preventing the parties from making derogatory remarks towards each other; the return or retention of the employer’s equipment;
the employer requesting the employee’s assistance, without future payment.

Before signing a compromise agreement employees should seek the advice of a solicitor so that they can be certain what they are signing up to.

For help and advice please contact Michael Breeze at Kaslers Solicitors LLP on 07900 195 195

Labels: compromise agreements, legal advice

An NHS Trust has been held to go back on its own deal and upset the payment under a Compromise Agreement because it had acted outside its powers in agreeing an irrationally generous compensation payment.

This legislation could be used in other areas for example, massive pay offs on retirement to bankers and captains of industry where these are perceived as compensation for failure.

For further details call Michael Breeze on 07 900 195 195 to discuss further.

Labels: compensation payments, compromise agreements