ACAS can settle employment tribunal claims (and potential claims) through a particular type of agreement called COT3. Parties to a COT3 are not required to be represented by lawyers. With the exception of a transaction contract, a COT3 is the only other legally binding route that a worker can give up/abandon. As a general rule, the worker has the right to retain all pension entitlements to which he is entitled under the existing pension provisions until the date the employer ceases to be employed. You cannot force an employee to accept the conditions you want to impose. If they think it is not good for them after being appointed by an independent legal adviser, you must resort to the formal redundancy procedure and go through all the tires to terminate the employee`s employment. We advise you to get advice from your labour lawyer before taking action. Think about the motivations and fears of the opponent. Your employer may be concerned about the cost of defending litigation or bad publicity. They might try not to have a reputation for paying people.
If so, your lawyer may propose changes to the agreement to give your employer an additional guarantee that the agreement will be kept confidential. This can be done by email and can even be sent to you for final approval in this way. Some agreements need to see it, others don`t and may even look like a letter rather than an agreement. Most will have a “advice certificate”, where the lawyer as a certificate on their head paper, signed and dated, other types of certificates require only the signature, date and stamp of the lawyers. Most employers pay the legal fees so that a worker can get advice on a proposed compensation, so that all your legal costs are often covered. We are currently supporting a number of asda, British Gas, Morrisons and Vodafone employees in their transaction agreements. As a general rule, it does not matter if there is a “reason for withdrawal” in a transaction contract. However, if both parties are bound by confidentiality, it may be helpful to agree on what you will tell your friends/colleagues and future employers about the reasons for your departure. The frequent reasons are “redundancy” and “mutual agreement,” but some agreements do not mention the reason for the withdrawal at all.
It`s important to determine what your employer will tell future employers about your work and why you left – for example, by skinning the wording used in each reference they provide. For more information on transaction agreements or any other redundancy-related issues, please email Emer Murphy under [email protected], Marc Fitzgibbon under [email protected] or call 01 644 580. It doesn`t matter if most of the claims mentioned don`t apply to you. The important point to understand is that you must not assert rights against your employer once the contract has been signed. A transaction agreement is an enforceable agreement that defines the conditions agreed between each party to terminate the worker`s employment. However, if you feel that you are being treated unfairly or not being fired, you should prefer to refuse the transaction contract and go through the redundancy process. If you are fired later, you still have the right to demand compensation for wrongful dismissals. Transaction agreements are not legally binding unless the employee has received independent legal advice. Employers generally agree to pay for your legal fees, but they don`t necessarily cover all of your expenses. A contribution of between $200 and $500 is common. However, if your situation is complex or your lawyer has to negotiate on your behalf with your employers, your legal fees may be higher.