Compromise Agreements On Termination Of Employment
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An employer and employee may often wish to agree to reach a binding agreement as to the terms upon which a contract of employment is terminated. Save in two circumstances such agreements are not enforceable. The exceptional circumstances are:-
| 1. |
Where a compromise agreement is achieved by an ACAS Officer within tribunal proceedings, or |
| 2. |
Where there is a compromise agreement which satisfies various criteria – known as “a Section 203 Agreement”. |
To be valid a Section 203 Agreement must:-
| (a) |
Be in writing. |
| (b) |
Relate to the particular dispute/issue between the parties. |
| (c) |
The employee must have received independent legal advice from a solicitor or a specially trained Trade Union Official. |
| (d) |
The lawyer or adviser must have a professional indemnity insurance in place. |
Lawson Lewis are available to provide specialist advice to employers and employees in relation to the preparation and implementation of compromise agreements.
We are able to offer specialist advice.
Call 01323 720142 now for a consultation with a specialist Solicitor or a Lawyer at Lawson Lewis & Co.
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