Stonehewer Moss Northwich Employment Solicitors
What Are Pre-termination negotiations ?
Pre-termination negotiations are also known as a protected conversations and are a way of encouraging employers to have frank conversations with employees about terminating their contracts. Anything that’s said in this discussion is protected and cannot be used by either party against the other in an unfair dismissal claim.
However there are exceptions: the conversation is not protected by the laws, in discrimination cases, whistleblowing or other automatically unfair dismissal claims. This means that the negotiations will longer remain off-the-record if either party strays into one of the above areas during the conversation.
So, what was said during the protected conversation could come out into the open. As an example, if an employer suggests to a pregnant employee that she might want to consider leaving with compensation, the conversation wouldn’t be protected.
In practice, the pre-termination negotiations may lead to more employers having conversations about termination, and offering settlement agreements, which the employee feels under pressure to accept.
Stonehewer Moss are Northwich employment solcitors, experienced in giving advice to employees when they are offered a compromise agreement by their employers.
It’s often a stressful experience. So, here are the main things to consider before you make your decision.
What is a compromise agreement?
They’re legally binding agreements that set out the full terms of a compromise between an employer and an employee. Each compromise agreement will vary but usually the documents include clauses that deal with
- the claims to be settled;
- the payments you will receive;
- the relevant tax issues;
- a confidentially/gagging clause and;
- any agreed reference from your employer.
When to get advice
You will probably need is some legal advice. An employer will usually pay the cost for you to see a solicitor.
Stonehewer Moss, Northwich employment solicitors can help you consider whether you’re getting a good deal and whether you have any grounds for a claim against your employer.
If you have been offered a compromise agreement by your employer and want advice please call Dominic Moss on 01606 827700 or email email@example.com