You have to be careful and careful when it comes to an unexpected approach from your employer with an offer for you to leave. It can be difficult to negotiate an upward figure as soon as you have already agreed (even if the terms are only binding when you have received legal advice on the transaction contract). It is not wise to give the most basic signal that you are ready to give up your job. Transaction agreements can be offered in many situations, both during or after employment. They can, for example, be used to avoid a lengthy process of performance, discipline or dismissal, which can often be costly and time-consuming for an employer and lead to prolonged litigation with the worker. Bonus or commission, deferred stock options and stock bonuses: you must check the terms of your employment contract to see if you are entitled to unpaid commissions, bonuses, shares, stock options or deferred payments under different share plans. If it is access to the amounts, the amounts must be included in the agreement. Pension: If necessary, payments to your pension fund must be continued until the termination date and, if a payment is made in lieu of a termination, your employer may be required to continue to contribute for an equivalent period of time, depending on the contractual terms. If you choose to pay part of the compensation to your pension, this must be included in the transaction contract, otherwise you will not be able to benefit from the tax-free nature of the payment to your pension. CASA has adopted a code of legal conduct for transaction agreements, which defines how transaction agreements should work and also provides best practices for conducting negotiations before they close. The code is non-binding, but employers should explain why they did not feel it necessary to comply. If you are concerned about the validity or applicability of a transaction contract you have signed, you should seek further advice before any new steps. A specialist lawyer advises you on the merits of your application and how much money you would likely receive in an employment tribunal.
A “protected interview” should allow employers to engage in off-balance sheet discussions in order to agree on an employee`s exit, even if there are no prior disputes between the parties. The issues discussed will not be admissible at an employment tribunal hearing, although there are some exceptions that will not (for example. B in case of discrimination). Transaction agreements offer the benefit of security and a clear break between a worker and his employer. A staff member is guaranteed a termination document detailing the financial severance pay he or she receives, as well as other aspects of dismissal, such as . B of a job reference. For its part, the employer is guaranteed that it will not have to face a future demand from this employee. For these reasons, many employers and workers use the transaction contract, even if an employer has gone to a fair trial and/or terminated the employment by mutual agreement.
An employment lawyer will also find any discrimination against you, of which you may not know anything. They could, for example, be hindered and protected by the Equality Act, and therefore be entitled to appropriate accommodations before dismissal can take place. In these cases, there will not only be a right to unjustified revocation, but also an amount awarded for interference with feelings. Most employers offer a redundancy agreement outlining the financial conditions for which the employee leaves the company. The advice they give you is limited to the terms of the agreement – for example, that you understand what you agree. They will not advise you on whether this is a good agreement or if you could have done better by going to court.