The main change that employers should consider is that they will be able to have confidential discussions with workers about the termination of their employment relationship, even if there is no dispute between the parties. This means that workers cannot, as evidence, refer these discussions to unfair dismissal (except in cases of inappropriate behaviour). So far, the “no bias” rule would not cover such situations, which would broaden the scope of confidentiality. ACAS has included information on this in its guidelines on transaction agreements and has also published a separate code of conduct for transaction agreements, which will be useful to employers. “The advice they give you is limited to the terms of the agreement – for example, you understand what you agree with. You won`t advise yourself if it`s a good deal or if you could have gotten a better result if you had gone to court. It`s important that you understand everything in the agreement, and if there`s something you can`t comply with (or a provision you`ve already violated), you should discuss it with your lawyer. So you are a worker and your employer just mentioned the words “transaction agreement”. What does that mean? How will this affect you? What do I need to know? Don`t worry. Then you`ve come to the right place. We hope to give you all the information you need to know about transaction agreements by answering the questions we are most often asked. Settlement agreements are not legally valid unless the worker has received independent legal advice in this regard.
Employers usually agree to pay your attorney`s fees, but they won`t necessarily cover all of your costs. A contribution between £200 and £500 is common. However, if your situation is complex or your lawyer has to negotiate on your behalf with your employers, your legal fees may be higher. Sometimes it`s worth self-financing the extra attorney fees to get a better deal. If an agreement is reached, it is probably either because the employee sees the writing on the wall, or because there is a real and open discussion about the situation. In many cases, we assume that this letter will be preceded by any formal phase of investigation of the “[serious] concerns mentioned in the chapeau of the paragraph…”