The transaction contract would normally cover the amount that a lawyer would cost to disconnect it – usually between $300.00 and $500.00 plus VAT. This is usually sufficient for a simple closure, but not for detailed consultation or negotiations. If issues remain to be resolved and the amount offered is insufficient, counsel should try not only to increase compensation, but also the employer contribution for additional legal advice. Obviously, if your lawyer negotiates a higher settlement, then this is usually something your employer expects you to pay for yourself. “Remember, you don`t have to sign a transaction agreement,” says Lorraine Adams, a work lawyer at Quality Solicitors Talbots. “Don`t panic, if you`re offered one, you can refuse to sign it.” Your employer should expect to pay a contribution to your legal fees between $350 and $500 (plus VAT), depending on the complexity and extent of the problems. This is probably to cover all your legal fees in a simple case. In some cases, your employer may pay up to $1,500, especially if complex agreements are reached after the end of the termination period or if it is necessary to sign a second signature if you are processing your termination. You should seek advice from a work lawyer before making a decision. You don`t want to be in a position where you have given up the ability to accept a higher payment simply to find that you are made redundant, with no prospect of compensation. Joanne O`Connell is the founder of settlementagreement.co.uk, an online resource that offers free guides on transaction agreements.
It also operates a business that passes transaction agreements to lawyers. You can follow her to @SettleAgreement. However, refusing a settlement agreement to try to obtain more compensation in an employment tribunal is risky and there are a number of reasons why a settlement agreement is often (but not always) preferable to an appeals court. If you think the offer is appropriate, it`s probably worth accepting. This depends on the circumstances of the offer of the transaction contract. We would take a look at what potential claims you may have against your employer, how strong they seem and how strong they may be. The objective is to determine whether the amount offered compensates you sufficiently for the legal rights you give up. Another thought in deciding if you accept an offer is how quickly you think you will find another job. The reason is that any compensation you may receive in an employment tribunal would be based on your actual loss of income.
In addition, if there has been “inappropriate behaviour” by your employer, you cannot keep these offers and negotiations secret. Inappropriate behavior covers a number of situations, including excessive pressure on you. For example, all forms of harassment, harassment and intimidation, all forms of victimization, and no reasonable time to find out if you accept the offer of a settlement contract – Acas recommends 10 calendar days. It doesn`t matter if most of the claims mentioned don`t apply to you. The important point to understand is that you must not assert rights against your employer once the contract has been signed. For a transaction contract to be valid against you, it must refer to certain sections of labour law. It must also contain clauses that say you are waiving some (or all) of your labour rights. . Many of the terms used have specific meanings that are necessary to give the transaction agreement its intended effect.
Your lawyer should discuss their fees with you before they begin to act on your behalf. At Truth Legal, we can give you a cost limit and ensure that the fees are not higher than this level without your express instruction.