WHAT HAPPENS IF I AM NOT HAPPY WITH
THE AGREEMENT?
There is no legal or other obligation on you to sign a compromise
agreement if you are not happy with it. However, just as you
need to understand and get advice on what signing means,
you should
also understand and get advice on what will happen if you do
not sign.
At its simplest, refusing to sign means that there is no agreement
between you and your employer and both sides are free to pursue
the case as they see fit.
In redundancy cases, however, it could mean that your employer
would refuse to pay you the full redundancy package and will
instead pay the minimum state entitlement. There is almost certainly
nothing unlawful in them doing this and you need to consider
carefully and get advice on whether it is likely that your complaint
to a tribunal or other legal action is likely to compensate you
for what you may have lost by refusing to sign the compromise
agreement. This is a decision which should never be taken lightly.
Remember, however, that if you are not happy with the compromise
agreement you receive, you can seek to negotiate improvements
or get the union or your advisers to do so. It is not unusual
for changes to be made when concerns are raised, particularly
if there is general acceptance that an agreement is the best
way ahead.
Once a compromise agreement has been signed by all parties,
any agreed compensation will usually be paid in a matter of days
or perhaps a week. The payment date will be specified in the
agreement.
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