Under the transaction contract, general guarantees apply to workers: if the worker has already brought an action against the employer, it is possible to exercise the law through the legal process and to pursue (possibly, if the worker succeeds) an appeal; To mediate; or agree to a COT3 (usually a less detailed transaction agreement agreed through the ACAS conciliation service). If the worker has not filed an action against the employer and no transaction contract is entered into, the employer can settle for a risk of action against the employer. (The risk on which all circumstances depend) As a general rule, transaction agreements are proposed, either when a worker has already asserted a right, or when it is contemplated by the worker and/or anticipated by the employer. However, in some sectors (for example. B in the investment banking sector), it is increasingly common for all outgoing workers to be offered transaction agreements because they ensure the safety of the employer. One of the preconditions for the validity of a transaction contract is that the worker has received independent legal advice from legal counsel on the terms and effects of the agreement. The costs associated with this consultation are often covered by the employer. Whoever is responsible for the legal costs, the counsellor must act in the best interests of the individual! Most of the time, a transaction contract is offered by the employer. This will be done in the context of a “non-prejudice” conversation or correspondence. A few important points to consider when entering into a transaction agreement are: Our Senior Executive Unit has a wealth of experience and expertise in managing transaction agreements.
Since we regularly advise our corporate clients on transaction agreements, we are qualified to anticipate the actions of employers. This is a valuable advantage in the negotiations on the terms. If the negotiation does not result in an employer violation, the worker must assert a breach of contract against the employer. Or (if the deadlines permit), they could attempt to sue the employer in the labour court and/or reinstate a claim settled under the (broken) transaction contract.