If your employer has mentioned the words 'compromise agreement' to you, or you are about to sign one, make sure that you know the regulations that your complaint can be classed as. The main statutory employment rights that can be used for compromise agreements are:
- Employment Equality (Age) Regulations 2006.
- Employment Equality (Religion or Belief) Regulations 2003.
- Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
- Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000.
- Working Time Regulations 1998.
- National Minimum Wage Act 1998.
- Employment Rights Act 1996.
- Disability Discrimination Act 1995.
- Trade Union and Labour Relations (Consolidation) Act 1992.
- Race Relations Act 1976.
- Sex Discrimination Act 1975.
- Equal Pay Act 1970.
That's right, if your decision to leave your job is related to any of these, you can ask for a compromise agreement to be carried out. This will mean that you don't have to suffer through an Employment Tribunal and your complaints will still be recognised. Always take care to list in the compromise agreement the section of the Act that the agreement is based on.
Another important thing to keep in mind is that, for your compromise agreement to be effective, you need to have raised the claim or complaint that you intend to settle with the compromise agreement.
Ok, now that you have learned these vital points, we can start to break it down. It will be easier to digest! In general and as a summary:
- The best time to use a compromise agreement is when an employee's claim has not made it as far as tribunal proceedings.
- Be extra careful: your compromise agreement is not going to be valid if some of the requirements have not been met. A solicitor, which you are entitled to, will be of great help here. The best thing you can do for yourself is hire a specialist Compromise Agreement Solicitor.
- You can get a tribunal consent order to dismiss the proceedings when the complaint has been withdrawn and the terms of the settlement have been agreed. With this you'll avoid the need for a conciliated agreement through ACAS or a valid compromise agreement.
Signing a compromise agreement should be easy and quick and will only involve your employer, the solicitor and yourself. As a fair reminder, don't forget that you are entitled to an independent solicitor the cost of whom are usually paid for by the employer.
Don't waive this right, attempting DIY is likely to make the process go wrong, unacceptable and therefore, time, energy and money consuming. And that is really one thing that you don't want to have to worry about. Remember your rights, your essential points and go safe with your compromise agreement. Seek out a qualified solicitor now and preferably one who specializes in compromise agreements.