By Philip - Monday, July 7th, 2008
HR Readers - this may be of interest! The Government are consulting about whether to include CIPD professionals within the definition of “relevant advisor.” If this gets the go ahead, CIPD members could advise on compromise agreements, thereby earning some extra pocket money!
The one down side of the proposal is that about 5% of proposed compromise agreements do not get signed and end up at ET. If a CIPD member is advising then unless they were authorised claims practitioners they could not act in the claim, meaning a dis-continuity of service to the client.
Anyway I can’t see Solicitors wanting CIPD members parking their tanks on their lawn, can you? And can you imagine someone just handed a compromise agreement by HR, thinking I know I must go and see a CIPD member to negotiate this, as they will be able to see my side rather than HRs. Mmmmm. Don’t think so.
Consultation here
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By Philip - Friday, January 5th, 2007
One size fits all, one size fits all - as the Crystal Palace fans used to sing about defender Fitz Hall, now at Bolton. Well in the world of compromise agreements, one size does not necessarily fitz hall fit all . The case reported here is a timely reminder that compromise agreements need to be bespoke rather than off the peg. In particular in the recitals of the Agreement you need to ensure that it reads that it is confirmed that the conditions regulating this Agreement in section 203 of the Employment Rights Act 1996 are satisfied, as well as any other claims under other jurisdictions. Bt compromised potential claims for Unfair Dismissal and Race Discrimination in the main body of the Agreement but the recitals only confirmed that the conditions under the Employment Rights Act were met. The recitals did not confirm that the conditions under the Race Relations Act were met. This meant that the employee could proceed with her Race claim, even though she had signed a compromise agreement settling it.Doh!
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