How much compromise should there be in a compromise agreement

ponymad_3

Looking for more info on a compromise agreement... Should both parties be give and take.... I am being asked to sign.. On paper significant chance that I could take my case to tribunal under a grievance procedure... Won t be doing this and will agree to sing not to... but unhappy being expected to work 12 weeks notice and issue over reference may raise head.

hcb42

Why are you signing a compromise agreement?

what are you getting out of the deal?

SarEl

ponymad wrote: »

Looking for more info on a compromise agreement... Should both parties be give and take.... I am being asked to sign.. On paper significant chance that I could take my case to tribunal under a grievance procedure... Won t be doing this and will agree to sing not to... but unhappy being expected to work 12 weeks notice and issue over reference may raise head.

Putting this into some sort of context - and some form of English - would certainly improve the quality of the advice that could be given!

The word "compromise" here really isn't exactly accurate in the way that you are using it. Neither side has to compromise (or negotiate) at all. Compromise is being used in a legal sense, and simply means that you have compromised some of your rights in return for something else - that's a simple way of putting it.

But if you have to work your notice then you must either work it or try to negotiate something else. And if you want to try to negotiate and agreed reference you can also ask to do that. And in both cases the employer can refuse or not. And you can decide to sign or not.

But it's impossible to tell you anything else because there isn't enough information (or sense) here to add anything really meaninful in terms of advice.

ponymad_3

Sorry if the grammar and explanation was difficult to understand. I have to be offered an opportunity to take a package due to our companys T n Cs and my job getting downgraded in the last year. However I have been given a written warning in a harassment case 2 months ago. Most of the case was not found against me and it was totally expected that I would continue in my role with protected benefits. There is no job a the right grade within mobility rules. However I decided to ask about the package as it is generous and will probably not come around again.

The company know various procedures during the investigation could mean I have a grievance against the company. I have no intention of doing this and openly said so.

This is the reason I am being asked to sign the CA.

I see what you mean about my interpretation of Compromise ... after such a long time with my company 28yrs and seen as a successful employee, I just feel a bit disappointed at their stance .. I guess they are just protecting themselves. I just feel that they should be offering something else if they feel so at risk they feel the need for me to sign... That s why I asked if they should be offering to 'give' ... at present I would be getting what is due to me and is unrelated to the harassment case.

Hope this helps explain better as I really appreciate the time people on here give to offer great advice

SarEl

In such circumstances - any voluntary severance package - compromise agreements are actually commonplace. They do not relate to "risk" - they are just standard practice. I wouldn't suggest reading anything at all into this. Whether or not you could take a grievance is not relevant - if you did and lost, then you have lost, and there is no right to a tribunal claim if you lost. So if that is all you are worried about, then forget it and sign. It's in your own interests - signing is probably a condition of the package.