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For a compromise agreement to be
binding an employee must obtain advice from a person who is
defined as a "Relevant Independent Adviser" under the employment legislation which
allows for compromise agreements.
Often employees will look for an
employment solicitor to advise them without realising that barristers too are "Relevant Independent Advisers" for purposes
of this legislation.
As a Direct Public Access Barrister
Erich Suter is a "Relevant Independent
Adviser" authorised by statute to advise on compromise
agreements for employees. He can also provide an adviser's
certificate which many employers will require.
At Park Chambers we can advise employers and
employees on employment settlements and compromise agreements - although
obviously we can't advise an employee of an employer that we have dealt
with. one of the important things about compromise agreements is that
the adviser must be independent. That means the same person cannot
adviser both employer and employee - even if both parties are willing.
Contact Erich Suter
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The geographical areas we cover include: Middlesex, Berkshire, Buckinghamshire,
Surrey, Sussex, Kent
and south east London as well as areas in Surrey and Middlesex
including: Addlestone, Byfleet, Camberley, Chertsey, Crawley, Croydon, Ealing, Egham, Esher, Feltham,
Teddington, Greenford, Hounslow, Guildford, Kingston-on-Thames, Leatherhead, Maidenhead, Molesey, Putney,
Richmond, Sheen, Slough, Staines, Sunbury, Surbiton, Walton, Wandsworth, West Byfleet,
the Hamptons, Weybridge and Woking. We also deal with compromise
agreements from the City of London.
If you are looking for a solicitor or an employment solicitor or an
employment law solicitor you might also think about trying Park Chambers
where you can instruct an employment barrister under the direct public
access provisions. This is normally cheaper than using a solicitor and
we are able to advise on compromise agreements and to provide valid
"adviser's certificates" in respect of them.
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Employment cases can be settled on
the basis of a compromise agreement. A compromise agreement is a written agreement
or settlement which forms the basis on which employees agree to
terminate or to leave their employment. After employment has
ended a compromise agreement may also be used as the basis on
employees agree to settle any claims that they might otherwise have
against their employer arising
out of their employment.
Compromise agreements are a specific
form of "employment settlement" which are governed by various
Acts of Parliament. These statutes require that the employee obtains advice from a
"relevant independent adviser".
Compromise
Agreements can be used to settlement
many types of claims including claims such as unfair dismissal and
redundancy payments claims, breach of contract claims and other employment rights
claims such as: claims for unpaid wages,
holiday pay, minimum wage claims, and many other
statutory rights
from maternity to Sunday working.
Compromise agreements can also
be used to settle discrimination
claims in employment including sex, race, disability and age
discrimination claims.
Erich Suter has negotiated and drafting
(or redrafted) compromise agreements and employment settlements
acting for both
employers and employees in wide range of areas from investment banking,
finance and financial services organisations, professional
firms, public and government bodies and major companies and
organisations to
companies with only a handful of employees. He has represented
individual employees from senior directors, professionals and
managers at all levels to shop and manual employees. From
directors of
public companies to cleaners.
A compromise agreement may be a last chance for both sides to reach
an amicable resolution or an agreed termination of employment on
terms which are agreeable to them. So it is important for both
parties to get it right.
Contact Erich Suter
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