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Compromise Agreement - What should be in it?

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  • Hi Darren
    Not only have I succesfuuly negotiated 2 compromise agreements for myself but I also held a very senior position with a blue chip company and dealt with compromise situations from the other side as well. Both of the amounts I negotiated were way way in excess of a 12 month payout.

    However, it does depend on your situation and I don't know the background leading up to why you are in the compromise situation - if you want to pm me with that info I can give your more specific advice.

    What I would say though is stop feeling that you have to be nice and not 'rock the boat'. That is exactly how the company want you to be and it makes it so much easier for them. If you do/can rock the boat to get more money, you still get the reference etc etc as they cannot do anything else but you end up with more money.

    As a general point I also got the company's to put in the agreement that the company and employees of the company who had dealings with my exit to sign a confidentiality clause that they would not discuss the situation of my leaving with anyone. You know what gossip is like and some industries word gets around so I felt this was important for me.

    On the reference - I agreed on both of mine that I worded the reference and they agreed to it. If they word it, it will be a fairly standard one, if you ask that you word it and of course make it good but reasonable you will get a better result.

    I certainly would not say anything at the meeting, just listen to what they say, takes notes word for word on what they say and just say you will take the agreement away for review and no more.

    Remember it is the company who wants to negotiate a compromise and get this signed to 'shut you up' and to ensure you don't take them to any tribunal. I know from experience that the individual's in this situation feel they have to not rock the boat etc when the more you push and demand the more you get, however I would caution that with depending on what the situation is as to why you are in this compromise.

    Let me know if you want more specific advice on your individual situation.
  • Why is your solicitor not undertaking any negotiations?
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • At this stage, it was felt more cost effective for me to try and negotiate with my employer.

    It may well get to the stage where I ask my solicitor to negotiate on my behalf.

    Many thanks for your help.
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