We are able to quickly and remotely return our advice on your compromise agreement, wherever you are. This is usually done by direct email and telephone contact with you, your employer`s staff or your employer`s legal advisors. Of course, we are always happy to meet you in our offices if you prefer. High-quality cases involving the use of confidentiality clauses (also known as “confidentiality agreements”) in the silence of victims of unlawful harassment or discrimination in the workplace have led the government to verify their use in transaction agreements. The proposals provide that confidentiality agreements cannot prevent individuals from reporting crimes, harassment or discrimination to the police. Transaction agreements are legally binding documents and have been included in the Employment Rights Act (1996). Unless CASA has been involved and arranged a COT3 transaction, COT3 being the name of the form used, compromise agreements are the only means by which a worker can waive legal rights, such as dismissal, discrimination or the right to severance pay.  The contract is valid only if (i) it is submitted in writing and (ii) the worker has received independent legal assistance from a competent advisor with professional liability insurance. An employee cannot compromise potential future claims, although claims already created and unknown to the employee may be made.
The Employment Rights Act of 1996 provides for the terms of validity of compromise agreements in Section 203. The Equal Opportunity Act 2010 also regulates the validity of compromise agreements, but a possible mis-formulation may have had an impact on the scope of compromise agreements to resolve discrimination complaints. In practice, a compromise agreement also includes the waiver of any right of infringement as well as legal rights, although such a waiver does not have to meet the same requirements to be valid, since a right to infringement is a common right of law. There are some maximum bonuses granted by labour tribunals, for example. B for wrongful dismissal rights. Employers are not required to use the same payment caps, but they use them as guidelines when negotiating transaction agreements with workers. The best non-financial term to include in a transaction agreement is probably an agreed reference: see our article on obtaining employer referrals in transaction agreements. Any agreement should be tailored to the circumstances of the case. It is therefore difficult to choose a common solution for the development of a compromise agreement, although this approach can be used in more general cases. The details and the existence of a compromise agreement should be confidential with third parties.
The advantage for the employer is that it is able to draw a line under a worker`s departure or complaint and is protected from future rights. The benefit to the employee is consideration, for example. B a reverse financial sum, provided for by a legally binding contract. In addition to confidentiality clauses, a compromise agreement may also include an agreed reference.