I have blogged on this subject before but the importance of awareness about the option to compromise disputes remains and so the topic is worth emphasising. It has long been the case employers and employees do not see ‘eye to eye’ as to conditions of employment and disputes between the parties are all too familiar. Whilst ACAS sets out a Code of Practice to deal with disputes it will not always be successful and so the Employment Tribunal is empowered to make Orders settling or rejecting any claims presented in accordance with relevant legislation.
There are of course alternative dispute resolution techniques such as mediation and compromise agreements. In relation to the latter, the parties can resolve a dispute by entered into an agreement or a contract that provides for what is agreed as resolution. It is not necessary to accept fault for the agreement to be reached or workable as the resolution can be and is most likely to be on a no fault basis and the parties simply forge an agreement as to what they will do going forward in satisfaction of the disputes, regardless of how it came about.
The effect is the risk, costs and inevitable stress associated with Tribunal proceedings is avoided and the parties take control of the outcome to the dispute, rather than allow an independent (a Judge) to decide.
Such agreements are regulated and so must be prepared and advised upon in accordance with the law but we have a great deal of experience with such documents and invite any clients or potential clients involved in a dispute to contact us to discuss whether an agreement is viable.