Multiple Compromise Agreement Case Study: Trade Union

Summary

How martin searle solicitors’ employment team assisted a trade union where its members’ terms and conditions were varied and the Compromise Agreements compensated for this. This was to ensure that employees did not resign and claim constructive dismissal. By signing the Compromise Agreement they waived their right to bring a claim.

Situation

A large number of employees in a local authority were affected adversely by the Single Equality Bill which required job evaluations to take place to regrade positions so that there was equality for men and women. This meant that some men and women were to receive a reduced salary. There was a tight timescale for the sign-offs to be completed. The union contacted our team to arrange an efficient sign-off for its members and also for individuals who were not in the union.

What martin searle solicitors did

We attended the workplace over two dates so that we could meet the deadline and avoid the compensatory offers being withdrawn. This would have meant the employee being issued with a new contract without being compensated. We liaised with both the human resources team and the unions to check that the agreements between the unions and the employers were reflected in the Compromise Agreements. This ensured that despite the tight deadlines the employees were fully informed of the consequences of signing the Compromise Agreement and their options if they did not sign.

The result

All employees signed their Compromise Agreements once they received our legal advice. We also saw some employees at our office to ensure we kept to the timescale. In this case, the consequences of not accepting the offer could have resulted in new contracts being issued without any compensation for the employees having their terms and conditions downgraded. The employees who refused to sign and to accept the new contract were likely to be dismissed for “some other substantial reasons” which is potentially a fair reason for dismissal.

Find out more about how we can help with Compromise Agreements as well as our compromise agreement employment law service for employers and trade unions with multiple sign-offs.