Compromise agreement

moleskin1

Hello all
I have work for my current employer for five years. He has recently made me "Redundant" and has asked me to sign an compromise agreement. I have sort legal advice and have come to the conclusion that it will not be in our best interests to sign. Basicly its a gagging order, If we take the cash we are never allowed to voice our opinion on my employer and his working practises. I have no contract of employment . My employer is a very wealthy individual ,large country estate ,helicopters etc.... but will hire and fire at will.
My main problem is that I have my family in a tied cottage that comes with the job. We have no tenancy agreement in place, he now wants us to vacate the property asap. he has offered to give us a tenancy agreement, I have the feeling as soon as we have signed this he will give us notice to get us out. I am sure he cannot just kick a family out onto the street!
Any help please?
Moleskin1

lynne1307

Hi
a compromise agreement is just that, you sign away all rights (apart from claims relating to industrial accidents), in return for a sum on money.

he (the employer) should pay a sum towards legal advice. has he done so?

my CA says I cannot make defamatory remarks against my employer, i don't think this is unusual.

can't help you with the tenancy agreement, however what i would say is that you should get this in the CA if you can

good luck

undaunted

Unless it's a susbstantial compromise I'd consult a solicitor. After 5 years service you are entitled to some redundancy pay without need to sign such an agreement - there is a rough calculator here http://business.timesonline.co.uk/tol/business/commercial/calculator/

Tenants are also usually entitled to a clear tenancy agreement (doesn't necessarily need to be in writing though it usually would be & should include termination conditions) and employees are entitled to a contract of employment.

If you've had neither you would probably have good grounds for argument on both counts.

You could have a look at Shelters website for tenancy advice & Acas etc for employment

Good luck

Debt_Free_Chick

moleskin1 wrote: »

Hello all
I have work for my current employer for five years. He has recently made me "Redundant" and has asked me to sign an compromise agreement. I have sort legal advice and have come to the conclusion that it will not be in our best interests to sign.

Did your solicitor agree with that decision?

Basicly its a gagging order, If we take the cash we are never allowed to voice our opinion on my employer and his working practises.

All compromise agreements have that in but, you could potentially be making defamatory statements anyway. Why do you want to voice such opinions and to whom?

My main problem is that I have my family in a tied cottage that comes with the job. We have no tenancy agreement in place, he now wants us to vacate the property asap. he has offered to give us a tenancy agreement, I have the feeling as soon as we have signed this he will give us notice to get us out. I am sure he cannot just kick a family out onto the street!
Any help please?

If the cottage is tied then you will always "lose" it once you leave the job anyway. This is unlikely to change even if you have a tenancy agreement.

If you don't sign the compromise agreement, it sounds as though you will be made redundant anyway - probably with less money.

Are you sure you've understood your options and what each one means?

SarEl

Debt_Free_Chick wrote: »

Did your solicitor agree with that decision?



All compromise agreements have that in but, you could potentially be making defamatory statements anyway. Why do you want to voice such opinions and to whom?



If the cottage is tied then you will always "lose" it once you leave the job anyway. This is unlikely to change even if you have a tenancy agreement.

If you don't sign the compromise agreement, it sounds as though you will be made redundant anyway - probably with less money.

Are you sure you've understood your options and what each one means?

I must agree that I think your options here are very limited and it may be very shortsighted to refuse the compromise agreement, unless it is your intention to bring legal proceedings for unfair dismissal against your employer. As has been stated, most compromise agreements contan what you refer to as a "gagging clause". But are you aware that such clauses work both ways? Or if it doesn't, then your solicitor isn't doing his or her job very well. It is relatively standard practice in these circumstances to append an agreed (and good) reference to the compromise agreement and for the employer to agree that this will be the only comments that he may make about your employment or you.

Any "enhanced" redundancy terms will be tied to the compromise agreement too. If you don't sign you won't get them. That would presumably include the transfer of your home from tied accommodation to a formal tenancy.

And, as has been observed - what is it that you want the freedom to say about your employer? Because if you want to make negative comments about him, you need to be aware of the risks - he has the position and the resources to sue, or to make your life very difficult.

I understand that you must be very angry about what has happened, but the simple truth is that unless you have, and intend to bring, a claim of unfair dismissal or some such thing, then your employer holds all the cards, and refusing to sign may be against your own interests.