In the absence of a transaction agreement and depending on the nature of the dispute or problem, the solution can be followed by a performance management, disciplinary procedure or appeal or mediation procedure, depending on what is best. It is important that employers go to a fair trial and apply the Acas code of conduct for disciplinary and appeal proceedings, because if the worker is dismissed, this cannot be the reason for wrongful dismissal. There are a number of requirements to ensure that a transaction agreement complies with the new legislation. These are the: in the transaction agreement, it should be said that once it has been signed by all parties, it becomes “open”, that is, the opposite of “without prejudice”. To support their introduction, Acas has developed a legal code of conduct for transaction agreements [360kb], which explains transaction agreements and provides guidelines for the new transaction confidentiality law. Pension: If necessary, payments to your pension fund must be continued until the termination date and, if a payment is made in lieu of a termination, your employer may be required to continue to contribute for an equivalent period of time, depending on the contractual terms. If you choose to pay part of the compensation to your pension, this must be included in the transaction contract, otherwise you will not be able to benefit from the tax-free nature of the payment to your pension. If an employee is authorized to perform “regulated activities” under the ACF or PRA, a gag clause is not applicable if your employment relationship is terminated. The following clause is now mandatory in every transaction contract you are offered: it doesn`t matter that 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. The agreement should also indicate the termination date, the amount of the employee and when he is paid. At the end of a secure interview, the terms of exit should normally be recorded in a formal transaction contract, which is a legally binding contract between the employer and the incumbent.