HOW CAN WE GIVE FREE ADVICE?

Although Compromise Agreements are beneficial for employees, in that they can provide employees with a contractual entitlement to receiving payments, benefits, and employment references on leaving an employer, it is fair to say that it is the employer who has a real interest in concluding a Compromise Agreement. The reason for this is that employers want to be as sure as possible that if they pay an employee a reasonable sum of money when ending the employment relationship, they will not also be faced with any Employment Law claims or other legal action by the employee. If a Compromise Agreement is entered into, this gives the employer the best possible peace of mind that the relationship will be brought to an end by agreement, and without litigation. Employers are therefore keen for employees to sign Compromise Agreements when a severance package or settlement is being agreed.

As a result of this, the standard practice that has emerged is that employers will offer to pay an amount towards the legal fees incurred by an employee when taking legal advice on a Compromise Agreement. The amount paid by the employer can vary, but at Compromise Agreement Solicitors we have adopted a policy that wherever possible we will only charge the employee the amount of legal fees that the employer is willing to pay. We have this policy because we know that if an employee’s employment is ending, the last thing they want to be faced with is a bill for legal services. We also feel that as it is often the employer who tells the employee that the Compromise Agreement must be “signed off” by an Employment Law solicitor, it is fair for the employer to meet the cost of this.

However, it is important to stress that even if an employer is paying for an employee’s legal advice, as a firm of solicitors Compromise Agreement Solicitors always ensure that whatever we do is in the best interests of the employee. The employee is our client throughout the Compromise Agreement transaction, and the employer is not. If we feel that the provisions of a Compromise Agreement are unfair or unfavourable, we will make sure that the employee knows this, and we will ensure that the employee is aware of the other options available, whether they be to refuse the Compromise Agreement, to seek to negotiate better terms, or to proceed with formal legal action through a Court or Employment Tribunal. Our aim is to make sure that our employee clients make the best decision for them with a full understanding of their options and the relevant aspects of Employment Law.

To speak to one of our Compromise Agreement and Employment Law Specialists call us for a no-obligation discussion on 0131 554 8649. Alternatively you can email us at info@compromiseagreementsolicitors.co.uk or complete one of our online enquiry forms.