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Employee relationsEmployment lawEmployment contractsMediationEmployment tribunals

Use of compromise agreements on the rise in one-third of companies

by Laura Chamberlain 18 Oct 2010
by Laura Chamberlain 18 Oct 2010

One-third of employers said that their use of compromise agreements had increased over the past few years, while 16% said it had decreased.

This is according to a survey by XpertHR, which found that 80% of companies use compromise agreements to protect their organisations against legal claims from ex-employees.

Half (52%) of employers who used compromise agreements for departing employees said that they helped reduce the number of tribunal claims made against them.

A compromise agreement is a formal, legally binding agreement made between an employer and employee in which the worker agrees not to pursue particular claims in relation to their employment, usually in return for a financial settlement.

However, these are not used on a routine basis in companies taking part in the survey. On average, six were used by each organisation over the past two years and just one in five used them as a matter of course during redundancy situations.

Charlotte Wolf, author of the report, said that the legally-binding agreements can help organisations manage high-risk employment relations issues, such as the exit of senior employees, workers leaving because of ill-health and redundancies.

“They protect the employer from spurious claims and at the same time allow the employee to leave with a sense of dignity and an attractive pay-off,” she commented.

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“However, if they are used too frequently, departing employees will learn to expect the financial rewards associated with them.”

Read the full findings of the XpertHR report on compromise agreements. 

Laura Chamberlain

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