Compromise Agreements - Help??

LegalSec

Compromise Agreements – I thought they were ‘no fault’ agreements yet I have been given one which makes me acknowledge I was dismissed fairly. Is this normal? Is this legal?

getmore4less

That's the point of CA,

you go and won't make any claims.

you compromise accepting it is fair,
they compromise by giving you compensation

TadleyBaggie

Presumably related to all your other threads where you post, are asked questions and never answer?

PHILANTHROPIST

TadleyBaggie wrote: »

Presumably related to all your other threads where you post, are asked questions and never answer?

I am a newbie to forum TadleyBaggie. I believe that I should be able to comment on the OP's query, but before doing so, could you kindly clarify what you are referring to in your above thread. I ask bcos I do not want to offer guidance if for whatever reason it were to potentially fall on deaf ears.

Hope that makes sense !? Thx

imoneyop

LegalSec wrote: »

I thought they were ‘no fault’ agreements

Perhaps ask the opinion of someone in the legal profession :cool:.

getmore4less

PHILANTHROPIST wrote: »

I am a newbie to forum TadleyBaggie. I believe that I should be able to comment on the OP's query, but before doing so, could you kindly clarify what you are referring to in your above thread. I ask bcos I do not want to offer guidance if for whatever reason it were to potentially fall on deaf ears.

Hope that makes sense !? Thx

Just read the other posts by the same person there are not that many

imoneyop

PHILANTHROPIST wrote: »

I am a newbie to forum TadleyBaggie. I believe that I should be able to comment on the OP's query, but before doing so, could you kindly clarify what you are referring to in your above thread. I ask bcos I do not want to offer guidance if for whatever reason it were to potentially fall on deaf ears.

Hope that makes sense !? Thx

I think Tadley made it perfectly clear.

Click on the OP's username and select the other posts option and you will find a couple of threads relating to the saga of their dismissal. They were asked questions and didn't bother to answer - I wouldn't waste my time with offering advice if I was you as if it isn't what she want's to hear she will ignore it.

PHILANTHROPIST

imoneyop wrote: »

I think Tadley made it perfectly clear.

Click on the OP's username and select the other posts option and you will find a couple of threads relating to the saga of their dismissal. They were asked questions and didn't bother to answer - I wouldn't waste my time with offering advice if I was you as if it isn't what she want's to hear she will ignore it.

Aah ok. Well I can say to OP that I agree with imoneyop's above post in that legal advice should ideally be sought. Worried you cannot afford any legal advice ? Well the reality is that your employer will usually be expected to pay a contribution towards your legal fees for having a qualified solicitor vet and/or sign the "compromise agreement" on your behalf, assuming that is you are not going thru ACAS - who typically use a simpler proforma agreement called a COT3.

Working on the assumption that you are in receipt of an employer drafted comp agreement then I'd recommend that a fair and reasonable request be made for said contribution. FYI the sum usually ranges from £350 plus VAT to £500 plus VAT. On that basis you should be able to obtain the answer to your original query and rely upon a law firm's professional indemnity insurance (PII)cover.

fruitedeli

PHILANTHROPIST wrote: »

Aah ok. Well I can say to OP that I agree with imoneyop's above post in that legal advice should ideally be sought. Worried you cannot afford any legal advice ? Well the reality is that your employer will usually be expected to pay a contribution towards your legal fees for having a qualified solicitor vet and/or sign the "compromise agreement" on your behalf, assuming that is you are not going thru ACAS - who typically use a simpler proforma agreement called a COT3.

Working on the assumption that you are in receipt of an employer drafted comp agreement then I'd recommend that a fair and reasonable request be made for said contribution. FYI the sum usually ranges from £350 plus VAT to £500 plus VAT. On that basis you should be able to obtain the answer to your original query and rely upon a law firm's professional indemnity insurance (PII)cover.

She's lucky they're issuing a comprimise agreement to begin with. The employer is a law firm where OP allegedly was abusive to the trainee solicitor, and I think a client too? Just ask one of the lawyers in the law firm for legal advice! :rotfl: OP refused to listen to any advice in the other threads because she's stubborn, thinking a legal secretary knows better than a solicitor, hence why she became arrogant enough to argue with the trainee solicitor and even label her username like this.

Employer should have just sacked OP and let her sue. She has no leg to stand on. The comprimise agreement is far too generous and she's still not satisfied with even that.

PHILANTHROPIST

fruitedeli wrote: »

She's lucky they're issuing a comprimise agreement to begin with. The employer is a law firm where OP allegedly was abusive to the trainee solicitor, and I think a client too? Just ask one of the lawyers in the law firm for legal advice! :rotfl: OP refused to listen to any advice in the other threads because she's stubborn, thinking a legal secretary knows better than a solicitor, hence why she became arrogant enough to argue with the trainee solicitor and even label her username like this.

Employer should have just sacked OP and let her sue. She has no leg to stand on. The compromise agreement is far too generous and she's still not satisfied with even that.

Noted, but I haven't poured over the history of this matter. The law firm where OP works may not specialise in Employment Law ; few do and even then most in my experience only provide a modest standard of service. An employer often makes a commercial decision to settle. If, however, the OP's employer was watertight then there may have been no need to compromise, in particular as 1) they should have as a minimum a basic understanding of employment law, and b) it may well cost £1K plus in tribunal fees for the OP to take an unfair dismissal to a full hearing.

Without the entire facts and circumstances as disclosed by both parties it is not possible to form a robust opinion.

fruitedeli

PHILANTHROPIST wrote: »

Noted, but I haven't poured over the history of this matter. The law firm where OP works may not specialise in Employment Law ; few do and even then most in my experience only provide a modest standard of service. An employer often makes a commercial decision to settle. If, however, the OP's employer was watertight then there may have been no need to compromise, in particular as 1) they should have as a minimum a basic understanding of employment law, and b) it may well cost £1K plus in tribunal fees for the OP to take an unfair dismissal to a full hearing.

Without the entire facts and circumstances as disclosed by both parties it is not possible to form a robust opinion.

Retired lawyers specialising in employment law has attempted to help in the previous threads but OP only listens to what she wants to hear. I'd give up if I were you.

Employer should do everyone a favour and take this all the way through, ensuring OP never works as a legal secretary again. Someone who becomes verbally abusive to others in more than one occasion is simply not fit to work in a client facing role. OP isn't being forced to resign due to one isolated incident.