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Why Compromise Agreements Can Be the Best Decision

April 10, 2012 | Comments: 0 | Views: 159

There are many scenarios when compromise agreements might come into play. The most usual form of is the negotiated agreement so let's take a look at this particular example first.

Negotiated compromise agreements often occur when an employer faces a grievance from an employee over various types of discrimination or when unlawful deductions were taken from their salary. In many instances, the employer failed to follow the correct grievance procedure allowing the employee to take tribunal action. A compromise agreement might be sought by the employer in such a case so as to protect the reputation of the company and to appease the employee. Before agreeing any agreement it's worthwhile for the employee to seek legal advice to ensure the sum they are being offered is fair.

Generous compromise agreements are normally experienced in companies where redundancies are taking place. Employers will often offer inflated redundancy packages to employees who are willing to enter into a agreement. These agreements are usually instigated by the employer to ensure the employee does not sue the company for breach of contract or statute law. By signing a compromise agreement, the employee is giving up any right they might have of taking legal action against the company. Again, it's recommended that the employee seeks legal advice to ensure the sum being offered is suitable and that more money could not be won through legal proceedings.

Smokescreen compromise agreements are often put together when an employee has been away from work for a long time. For example, they may have suffered long-term health issues. Terms will usually be put together with the help of a legal representative in addition to a sum of money that reflects the termination of employment with the company. A legal advisor is recommended in these instances due to the sensitive nature of this type of agreement. If both parties can't come to a mutual agreement, the employee can make a claim.

Compromise agreements can work well for employer and employee alike, but it's important that they are handled in the correct manner. Whilst internal HR departments may have some experience of handling agreements, it's often quicker to seek the assistance of a specialist legal representative. They can give you advice that suits your particular needs and also ensure the paperwork and meetings are put together in the correct manner. By seeking legal advice you can be sure you work in compliance with employment law and that you put together a fair and just case

Don't handle compromise agreements without the expert assistance of specialist solicitors. They can give you all the advice you need to ensure an agreement is reached quickly.

Source: EzineArticles
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