You may have been asked to sign a “complete and final” transaction agreement – but that doesn`t mean future claims are impossible. If you were not aware of a complaint at the time of signing, these claims are not covered by the original agreement and you can file a new claim. As a collaborator, you can settle for a transaction contract. In this blog, we answer the most frequently asked questions we receive and also give you practical instructions on what to do if a transaction contract is submitted to you. A transaction contract is a legally binding contract between a worker and an employer. It can be used to terminate employment on agreed terms, and often, in exchange for giving up your right to pursue all claims in an employment tribunal or court, you are offered some kind of compensation as a worker. It is likely that your employer wants you to have the confidentiality of the agreement. Most of the time, it will be by a qualified lawyer, but it could also be a union representative or an adviser with the authority to advise on transaction agreements. A transaction agreement may include a commitment from your employer to give an indication of you if he is asked to do so.
The text and form of the reference can also be agreed with the transaction agreement – sometimes as an appendix to the agreement itself. Most transaction agreements must cover all kinds of rights you can claim against your employer. This means that you are waiving your rights to assert personal injury rights and rights. For example, you informed colleagues of your negotiations before seeing the confidentiality clause and they understood that you had to keep the existence of the agreement confidential. If you sign a clause that you have already violated (or if you violate the clause after signing) and your employer finds out, they may argue that they no longer need to respect their side of the bargain. You can refuse to pay compensation or even try to recover money they have already paid you. If your employer offers you a transaction contract, you need legal advice to help you decide whether or not you accept it – and in some cases how and where it can be improved to your advantage.