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Unfair Dismissal Settlement Agreement

On 13. Oktober 2021, in Allgemein, by Norman

Although a continuous employment of two years is usually necessary in order to bring a dismissal action, there is no waiting time if the dismissal is carried out for one of the so-called „automatically unfair“ reasons below: the other element of severance pay is a „basic indemnity“. It`s a bit like statutory severance pay – and it`s that most employers are looking for potential savings in the billing they give you instead. We can help you negotiate by showing your employer how they will save time, legal fees, reputational damage or increased compensation if a judge has awarded it to you, compared to what you are now asking for in a settlement agreement. If a performance check, disciplinary hearing or termination procedure has not yet been initiated or completed, you must clearly indicate that the process begins or continues while negotiations are taking place on the settlement agreement. Make it clear that they will not stop until an agreement is reached and signed by both parties. If you have been offered a settlement agreement (formerly known as a „compromise agreement“) or if you are about to get closer to negotiating a settlement agreement with your employer, you may be wondering what steps you can take to achieve the best possible outcome for you. Aim high, but be willing to compromise. To reach an agreement, both parties must feel that the agreement is fair. However, if the conciliation agreement is reached after the dismissal counsel, the number proposed is usually slightly higher than the legal minimum amount of severance pay. In these cases, it`s often worth negotiating, as your employer has shown their hand in wanting to have the protection of a settlement agreement, which should be worth more than a small amount more than the legal minimum. In certain circumstances, your dismissal is „automatically unfair“ (regardless of whether your employer has conducted a fair trial), including when the dismissal was related to a health and safety reason, maternity or paternity leave, the exercise of a legal right, denunciation, participation in trade union activities, to TUPE or claims of discrimination. There is no minimum period for which you must be employed if you wish to make a request for unjustified termination for any of the above reasons.

It`s important that you understand everything in the agreement and if there`s something you can`t abide by (or a provision you`ve already violated), you need to discuss it with your lawyer.

 

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