Been Dismissed? Is a Compromise Agreement the Solution?

If you are looking to settle a statutory claim, such as one for unfair dismissal, according to the Employment Rights Act 1996 (as well as other legislation), there are only 3 ways to do this

Oh dear, this sounds like a whole bumph of legal jargon about to come in an incomprehensible overload. Do I really have to wade through a pile of Acts, Laws and sub-Laws and long lists of 'rights' and 'clauses'? I just want to reach some sort of settlement for my feelings and feel I have been treated fairly after leaving my job? Can I not just hand everything over to a solicitor and let them get on with it?

Not quite, but nearly. Think about a compromise agreement instead. It's simple, will not cost you and offers a fair solution to both parties.

One of the ways a dispute over dismissal from your job or, under another heading, parting company, can be resolved, is through a compromise agreement.

Think about this seriously because the other ways are:

- an agreed order of the tribunal.

- an agreement in the form COT3, which has been agreed through ACAS, after the commencement of tribunal proceedings.

Sounds quite horrendous, doesn't it? So why should you have to handle all the stress and bother when you could simply come to an agreement to settle with your employer outside the courts.

You should be aware that any form of agreement outside these three options will not stop you, the employee, starting a claim through an employment tribunal after you have left - and that would be unfair on your employer.

To be valid, the compromise agreement must be in writing and specify the nature of the claims which are being resolved.

As an employee you need to receive independent legal advice from a qualified advisor who has a relevant policy of insurance. This advisor, usually a qualified solicitor, must be named and this person needs to verify that the various conditions that relate to a compromise agreement have been met. In taking legal advice, it's always a good idea to instruct a specialist Compromise Agreement Solicitor.

Concerned about a huge legal bill? Don't be. It isn't set in legal stone that the employer pays the costs of your compromise agreement solicitor, but it is a fairly customary practice. It may also be limited to a maximum, specified sum but hey, your problem solved, you avoid the much heavier cost of tribunal proceedings. In addition, there can be no further comeback by either party and you both walk away feeling relief and an end to a sorry tale.