This agreement includes the legal provisions to “qualify” a
compromise agreement so as to prevent a later claim before
an employment tribunal. It is drawn primarily with a view to
settling a claim by a more expensive employee. The
agreement can however, be used with the same effect for a
case involving a more junior staff member
About this document
If you want your employee to agree to contract out of the right to make a claim before an employment tribunal, you can do so in very limited ways and subject to strict criteria. Unless you use the right document, your agreement will not qualify.
This agreement includes the legal provisions to “qualify” a compromise agreement so as to prevent a later claim before an employment tribunal. It is drawn primarily with a view to settling a claim by a more expensive employee. The agreement can however, be used with the same effect for a case involving a more junior staff member.
If a senior employee has been employed under a service contract which does little to protect the company, this document will go some way to repairing the damage by imposing “usual” provisions as a fair exchange for the money you will offer.
Many professional advisers overlook the necessity for the employee to have a prospective or actual claim. In most cases it will be necessary to have terminated the employment before this type of agreement can be used to any effect. However, that is not to say “without prejudice” negotiations cannot take place in the knowledge that a termination is proposed.
Note: this document will not be valid to prevent a claim made under the TUPE Regulations 1981.
This document has been revised to include the latest model Disciplinary and Grievance porcedures as recommended by ACAS.
Application
and features
Suitable for any employee whose employment has been terminated, who wishes to negotiate terms for settlement of claims
Suitable for an employer in any organisation wishing to agree terms for termination of employment
Drawn to settle large and small claims Prevents later application to employment tribunal
Covers County Court claims too
Extensive notes to guide you
Drawn in plain English
Contents
Continuation of employment for fixed period until the “termination date” - as short or long a period as you wish
Extent of continuing entitlement to pay and benefits
Return of organisation's property
Return of car
Guarding secrets and information
The compensation package
Restrictions on future competition by the ex-employee
Press release and publicity
Information to qualify the agreement under Employment Rights Act 1996 section 203
Usual legal provisions to protect your interests
Word
Count (approximate):
Document: 2900
words
Explanatory notes:
1400
words
Draftsman
This document is drawn and maintained by Net Lawman. It is real law in plain English.
