Confidentiality clauses are common in transaction agreements. They generally mean that the parties promise not to make prejudicial statements about each other. This would prevent you from making damaging comments in the press or on social media about your employer, even if you are telling the truth. It could also prevent you from reporting abuse as whistleblowers. Your lawyer should explain the consequences carefully. Negotiations are much more difficult if you work less than two years. Unless you can prove that one of the exceptions applies to you, there is no major incentive for your employer to pay you more money. If the employer asks the employee to sign a settlement agreement, an employee should reasonably expect a little more to be signed. As a general rule, this takes the form of an improvement in tax-free payment. HR Tip: Don`t assume that your communications related to a transaction agreement are not out of the band (unauthorized). A transcript with the inscription « without prejudice » does not automatically render it inadmissible. Similarly, the « protected conversations » rules (section 111A of ERA`96) offer very limited protection for normal unjustified claims to dismissal and protection may be lost. Don`t get lulled into a false sense of security – and don`t say anything that you`re not prepared to justify if negotiations are called off and conversations are allowed in a court case.
More information about protected entertainment can be found below. 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. If a transaction contract is offered to you, you must balance the pros and cons of the offer against the advantages and risks of abandonment and the action of an employment tribunal.