Restrictive agreements: If you have restrictive agreements in your employment contract, these will likely be confirmed in the transaction contract. It is important to ensure that the restrictions set out in the agreement are not greater than those in your original employment contract. It may also be possible to negotiate a reduction or, in some cases, the total removal of certain restrictions or restrictions. Where restrictive alliances are new, they also need to be checked to see if they are too heavy and if you agree with them. Pension: If necessary, payments to your pension fund must be continued until the termination date and, if a payment is made in lieu of a termination, your employer may be required to continue to contribute for an equivalent period of time, depending on the contractual terms. If you choose to pay part of the compensation to your pension, this must be included in the transaction contract, otherwise you will not be able to benefit from the tax-free nature of the payment to your pension. Be realistic, but don`t be afraid to ask what you want, especially when it`s not just about money. For example, employers will sometimes provide written apologies as part of a transaction contract. No no. But depending on the circumstances, your employer could fire you. If you reject the offer, you may not be better. If you feel you have been treated badly, you can still make a claim after you refuse a transaction, but you may not receive as much money as you were originally offered.
Keep in mind that the terms of a transaction must be agreed upon by both parties and that your lawyer will be able to inform you of what would be appropriate in your circumstances. However, the appropriate legal term is “transaction agreement.” Previously, it was necessary to deal with a prior dispute with your employer (for example. B disciplinary procedure) before the “unprejudiced” rule can then be invoked by your employer without you referring the matter to a court. In recent years, the concept of “protected dialogues” has been introduced to allow the employer (and employees) to have conciliation discussions without any previous conflicts. A “protected interview” should allow employers to engage in off-balance sheet discussions in order to agree on an employee`s exit, even if there are no prior disputes between the parties. The issues discussed will not be admissible at an employment tribunal hearing, although there are some exceptions that will not (for example. B in case of discrimination). You have to be careful and careful when it comes to an unexpected approach from your employer with an offer for you to leave. It can be difficult to negotiate an upward figure as soon as you have already agreed (even if the terms are only binding when you have received legal advice on the transaction contract). It is not wise to give the most basic signal that you are ready to give up your job.
Your employer usually pays for you for independent legal advice. If you sign a transaction contract without first seeking independent legal advice, you can still go to an employment tribunal. It is more likely that you would not see this title in a settlement agreement given to you or in a cover letter/e-mail. This is a very common formulation. The term “unprejudiced” must mean that subsequent communications cannot be admitted as evidence in subsequent judicial or judicial proceedings. This is generally all the discussions that preceded “without prejudice” – so it`s not just in writing.