Agree to Disagree - With a Compromise Agreement

If you are looking to settle a statutory claim, such as one for unfair dismissal, according to the Employment Rights Act 1996 (as well as other legislation), there are only 3 ways to do this

Oh dear, this sounds like a whole bumph of legal jargon about to come in an incomprehensible overload. Do you really need to hear a huge list of Acts, Laws and sub-laws, as well as an even longer list of 'clauses' and 'rights'? I just want to reach some sort of settlement for my feelings and feel I have been treated fairly after leaving my job? Can't I just dump all this onto a solicitor, run away and come back and find it's all over?

Not quite, but nearly. Alternatively, consider entering into a compromise agreement. It's simple, will not cost you and offers a fair solution to both parties.

A compromise agreement is one of the ways that a dispute over your dismissal or parting company can be settled.

Think about this seriously because the other ways are:

- an agreed order of the tribunal.

- an agreement in the form COT3, which has been agreed through ACAS, after the commencement of tribunal proceedings.

Sounds quite horrendous, doesn't it? So why put yourself through such stress and fatigue when all that may be needed is to reach an agreed out of court settlement with your employer and, hey presto, it's done and dusted.

You should be aware that any form of agreement outside these three options will not stop you, the employee, starting a claim through an employment tribunal after you have left - and that would be unfair on your employer.

To be valid, the compromise agreement must be in writing and specify the nature of the claims which are being resolved.

As an employee you need to receive independent legal advice from a qualified advisor who has a relevant policy of insurance. This advisor, usually a qualified solicitor, must be named and this person needs to verify that the various conditions that relate to a compromise agreement have been met. When approaching a lawyer for advice, you would be sensible to find a specialist Compromise Agreement Solicitor.

Concerned about a huge legal bill? Don't be. It isn't set in legal stone that the employer pays the costs of your compromise agreement solicitor, but it is a fairly customary practice. It may also be limited to a maximum, specified sum but hey, your problem solved, you avoid the much heavier cost of tribunal proceedings. In addition, there can be no further comeback by either party and you both walk away feeling relief and an end to a sorry tale.

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