Compromise agreement - can an employer impose a time limit?

D1zzy

OH was made redundant on 31st March and was originally advised that there was no requirement to sign a compromise agreement. On 29th March this advice was changed and was asked to advise the employer of ' solicitor's name and they would forward the agreement
Duly did this (having found a solicitor) during the following week. No agreement appeared - so emailed them and the following day (14th April) the agreement appeared with a 4 week limit from termination date, limit to sign it.
Solicitor has been away for a week - so effectively that leaves1 week to sort it out.
Employer has refused to change this limit.
So after all that -question, can an employer impose a deadline on signing a compromise agreement? (am aware of the 3 month deadline for going to a tribunal)
Thanks

Advocatus

A compromise agreement is simply a contract. Therefore, like any contract it is an offer. An offer can be left open for a defined length of time and be retracted at any time prior to acceptance.

Your employer seems to be acting unreasonably in presuring you with a time limit, but a week is usually plenty of time to get a compromise agreement sorted. Most are very straight-forward so unless you have complicated clauses you'll be given standard advice and it'll all be done in an hour.

A compromise agreement protects an employer from any potential claims (subject to three types of exception, accrued pensions rights and personal injury amongst them), so it is really in their interest to allow you to sign it in a time frame you feel comfortable with.

If you are getting severance pay over and above your contractual or redudancy dues, you'll be more motivated to sign it within the period. The compromise agreement will usually offer a sum over and above what you're due in a redundancy situation to protect an employer against potential claims. There is very little reason for a employee to sign away his rights unless his is getting something in return.

Just get on with and finish it off!! All the best.

D1zzy

Advocatus wrote: »

Just get on with and finish it off!! All the best.

Thanks - if only it were that simple
The firm of solicitors chosen has in the last week dropped its employment law arm - so now need to find a new solicitor and there is a potential tribunal case so it would have been good to have a few weeks to sort out the potential ramifications and decide whether or not to sign.

Advocatus

To find solicitors in your area, look at the Law Society website. You'll find a search facility there.

Honestly, don't get worried about it. You'll find a solicitor and there is a good chance he'll be able to see you the very same day.

If you're in London, let me know and I can recommend a few firms.

Advocatus

Also, most compromise agreements will include a contribution by the employer to allow the employee to get impartial legal advice. This is ususally in the region of £250 - £400, though it can be much higher than that.

That amount is sufficient to get you advice in almost any City law firm, though they tend to like the higher figures.

D1zzy

Yep -London based & some recommendations would be good (thanks)

Spoke to a couple, first time round, and were told the £500 contribution (which of course you only get if you sign) would cover checking out the compromise agreement etc and anything beyond that we would have to pay for. So really need some good advice as to whether there is a good enough case to go to a tribunal (against a blue chip company), and someone who would be prepared to take it on, if there is a case, before we commit to significant expenditure.

Advocatus

Go to Russel Jones & Walker and ask for Paul Daniels. You'll be hard pressed to find a better Claimant employment lawyer.

BOB_A_H

Advocatus wrote: »

Go to Russel Jones & Walker and ask for Paul Daniels. You'll be hard pressed to find a better Claimant employment lawyer.

Does he make your problems disappear?

You will like him, but not a lot! etc etc