COMPROMISE AGREEMENTS

In the employment context a ‘Compromise Agreement’ can be used to bring an employee’s contract to an end.  They are used to settle disputes and also where an employee is being made redundant where the employer wants to ensure that there will be no allegation that the decision was unfair or discriminatory. For a Compromise…

Employment: Excluding Data Protection Rights?

In a draft settlement agreement between an employer and an ex-employee, the employer has tried to include a clause by which the ex-employee waives their rights under the General Data Protection Regulation (GDPR). The GDPR replaced the Data Protection Act 1998 as of 25 May 2018. In 2011 under the old regime, the ICO offered guidance…

Employed or self-employed?

In the latest of a series of Court decisions it has once again been confirmed that when reviewing whether an individual is actually self-employed or is in fact a worker, the main factor is how the contract is performed rather than what the parties have set out in writing. In a recent case Mr A…