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Redundancy and Compromise Agreement

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grumpyeggman
grumpyeggman Posts: 25 Forumite
edited 12 June 2010 at 10:06PM in Redundancy & redundancy planning
Hello,
I am going to be made redundant at end of June.
My employer is preparing a compromise agreement and is offering double the statutory £6000 + 12 weeks.
They want me to sign a provisional agreement agreeing to the above amounts before actually drawing up the C.A.

I think they went about my redundancy all wrong,didn't follow proper procedure,and with some of the things that were said... bullied and demoralised me.
I recorded my meetings unbeknown to them.

If i sign the pre compromise agreement paperwork, can the C.A. severance later be changed when i tell the solicitor who will act for me the story leading up to my redundancy?
I haven't told my employer that i think i have been treated badly.
Any thoughts appreciated.
Many Thanks...Grumpy.

Comments

  • cabbage
    cabbage Posts: 1,177 Forumite
    First Post First Anniversary Combo Breaker
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    Hi
    I wouldn't be happy signing the pre compromise paperwork. the idea of a compromise agreement is that you are signing away your rights to challenge your employer in the future. This is why they usually pay for a solicitor to go through the agreement with you. Its sounds a bit dodgy. I would be tempted to take the pre compromise agreement paperwork to a solicitor and ask them to pay for it. That way, you know they are not doing anything dodgy. If they won't pay for a solicitor to go through it with you then alarm bells should ring. If in doubt, take the pre compromise agreement to CAB for their employment specialist to have a look through it.
    The Cabbage
    Its Advice - Take it or Leave it:D
  • grumpyeggman
    grumpyeggman Posts: 25 Forumite
    edited 12 June 2010 at 10:07PM
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    Thanks Cabbage, I was thinking the same thing. I think I will speak to the solicitors I was going to use for the C.A.
    Even if I have to pay in this first instance.
  • Ewarwoowar2
    Ewarwoowar2 Posts: 322 Forumite
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    Hello,
    I am going to be made redundant at end of June.
    My employer is preparing a compromise agreement and is offering double the statutory £6000 + 12 weeks.
    They want me to sign a provisional agreement agreeing to the above amounts before actually drawing up the C.A.

    I think they went about my redundancy all wrong,didn't follow proper procedure,and with some of the things that were said... bullied and demoralised me.
    I recorded my meetings unbeknown to them.

    If i sign the pre compromise agreement paperwork, can the C.A. severance later be changed when i tell the solicitor who will act for me the story leading up to my redundancy?
    I haven't told my employer that i think i have been treated badly.
    Any thoughts appreciated.
    Many Thanks...Grumpy.

    The 'provisional' agreement has no legal effect. So I wouldn't worry too much about it.

    In relation to the procedural errors, unless you can show that you would have stayed in employment (i.e. not be made redundant) if they'd followed proper procedure your tribunal claim for unfair dismissal won't be worth very much. In addition, if you decide to reject the comp agreement and go to the tribunal, you won't be entitled to the money on offer.

    In short, one of the reasons they have have offered double statutory is to make to make a tribunal claim a waste of time.
    I am an employment solicitor. However, my views should not be taken to be legal advice. It's difficult to give correct opinion based on the information given by posters.
  • lynne1307
    lynne1307 Posts: 69 Forumite
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    most companies pay for you to take the comp. agreement to a solicitor and have a clause in the agreement to say they have done so and the solicitor must sign it.

    sounds to me like the ca is a good deal and you should go for it.
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