Your employer usually pays for you for independent legal advice. If you sign a transaction contract without first seeking independent legal advice, you can still go to an employment tribunal. If you have the right drawings of letters and forms, you can save time and help you manage information quickly and easily. The following templates can be used free of charge and help you establish a transaction contract and write a transaction offer letter. The advice they give you is limited to the terms of the agreement – for example, that you understand what you agree. They will not advise you on whether this is a good agreement or if you could have done better by going to court. Be realistic, but don`t be afraid to ask what you want, especially when it`s not just about money. For example, employers will sometimes provide written apologies as part of a transaction contract. The transaction contract is a legal contract between you and your employer – you both have to comply. Your employer may want you to have the confidentiality of the agreement.
However, as a general rule, if you sign a transaction agreement, you should consider that it is a feature of everything that has happened between you and your employer and that you cannot assert rights against them. In some circumstances, you may be satisfied with a very basic factual reference, but a complete descriptive reference, about your skills and performance, is generally preferable. The agreement should also specify that if your former employer is invited to submit an oral opinion or fill out a box about you, the information they provide will be no less favourable than the agreed text. Most employers (and their lawyers) use standard billing agreements designed to be “unit-friendly.” If there are certain claims that are obviously more likely to be applicable in your circumstances, they are sometimes mentioned separately in the agreement. They are sometimes referred to as “special claims.” Unfair dismissal is the most common, but if you resigned in the context of a health problem, discrimination on the basis of disability would also be a special right. ACAS agreements are generally much simpler and less extensive than transaction agreements. There are restrictions on the types of rights that can be offset by an ACAS agreement. This is why employers often prefer to enter into transaction agreements.
Once a solution is found, the Acas Conciliator will record what was agreed on an Acas colonization form known as COT3. Both parties will sign it in the form of a formal protocol of the agreement. However, it is important to know that an agreement becomes binding to the point where both sides confirm in Acas their agreement on the terms. This can be done by phone or email. “The CASA guide is welcome because it provides the context for transaction agreements and prior discussions. It is not mandatory, but it will undoubtedly be mentioned and invoked by both parties in labour court litigation and will have compelling value. It`s not a quick read and non-lawyers may find it more intimidating. It contains some useful checklists, letter templates and a template for a billing agreement. It doesn`t matter if most of the claims mentioned don`t apply to you. The important point to understand is that you must not assert rights against your employer once the contract has been signed.
“If the government intended to simplify the process of employers and workers who compare, it is somewhat ironic that the Acas guide is over 80 pages long! It is true that some of this type contains the standard agreements and letters that employers might wish to use, but it is certainly a complete document.