Although transaction agreements are most often used to settle termination disputes, they can be concluded even if the employee remains active, but has made some sort of internal complaint, such as discrimination claims. For information on Section 111A, protected discussions and “no prejudice” discussions about labour agreements, call our FREE helpline on 0808 139 1589 or email us. Transaction agreements are often used for the comfort of the employer only when the worker has not asserted labour rights and there are no online disputes, but the employer wishes to exploit any potential for future litigation. In many ways, this provision is similar to the “unprejudiced” principle. The term “no prejudice” is often used by lawyers as a means of conducting “off the record” discussions, usually with a view to reaching an agreement on the resolution of a dispute. A transaction contract does not completely exclude a worker`s ability to assert a right against his employer, but it significantly reduces the likelihood of a right and provides protection to the employer in the event of a claim. The law requires that as an employee, you will receive specialized legal advice before signing the transaction contract, otherwise it will not be legally binding. Our specialized transaction lawyers can offer a personal interview or talk to you by phone. As a general rule, legal fees are paid by the employer, but not in all cases, so it is best to check with your human resources department or manager. To the extent that the conditions of protection are met, these rules cannot be availed of the fact that the employer has made an offer of settlement as the basis for a legal challenge. Sometimes an employer wishes to be able to rely on the offer of assistance to a fee application when the worker then invokes a means taken from the jurisdiction, but which has not been successful or receives less than the employer`s initial offer. Under these conditions, each offer should be labeled: w ithout prejudices, at no cost.
The transaction agreement must also comply with the following provisions in order to be legally binding: the duration of a decision can be agreed by both parties. However, CASA, the advisory, conciliation and arbitration service, recommends at least ten calendar days.