If you decide to take action, take it immediately, as there are strict deadlines for asserting the rights to unfair dismissal, as we explained in our guide on this subject. Often it is better to try to stay busy rather than end up or get fired, this way you can use a higher bill from your employer because they pay effectively to leave you. You have greater legal protection (hence more bargaining room) if you have been working for more than two years. We would help you argue that your eventual dismissal or future resignation is likely unfair and would amount to unfair/constructive dismissal. Your two-year service gives you the right not to be unfairly dismissed, which can strengthen your position in negotiating a transaction agreement. For a free confidential consultation with our team of expert experts on your transaction contract – call 0800 088 4022 or request a reminder. Try to resist the temptation to simply accept the first offer, and instead tell your employer that you will return after a week or something. This gives you time to learn more about unfair dismissals in your particular circumstances and, if you need them, to receive appropriate specialized advice. There are very few exceptions: some types of rights cannot even be enacted with a transaction contract. The most common example is the assault that you are not aware of at the time of signing the contract. For example, an allegation about industrial diseases in which you were unknowingly exposed to asbestos in the workplace, the transaction contract would not prevent you from taking legal action against your employer if you discovered years later that you had developed asbestosis because of this exposure. If the agreed termination date is some time after the signing of the transaction agreement, an employer may require a worker to sign a second contract shortly after the end of the employment to ensure that all potential claims that have been created since the first signing are also settled. This is commonly referred to as a confirmation certificate or agreement, as the employee is asked to reiterate his or her waiver of rights.
Even if the rule without prejudice is not applicable, the offer may not be inadmissible with respect to an ordinary right to wrongful termination only if it is considered a protected maintenance (section 111A ERA 1996). This means that the debate on the regulation is open to other rights, such as discrimination. B (unless the rule applies without prejudice). You can be very satisfied with the offer of a transaction contract. You must obtain legal advice before signing, but nothing else prevents you from signing the proposed transaction agreement. Similarly, you do not have to accept the offer.