I have been offered a transaction contract – do I have to accept it? For example, a good reference clause states that “reference is made upon written request in the form attached to Schedule A of this agreement.” Today, it is becoming more and more common for employers to give only brief factual guidance by confirming only professional title and employment data, especially when working in financial or legal institutions. This is because your employer could be sued by a future employer if he or she says something inaccurate or misleading. This may be a concern for workers, but the more common this practice is, the less likely it is to be read by a future employer. Trust me, you can. In well over 20 years of having dozens of redundancy scenarios each year, I have never experienced a situation where the provision of a reference letter was part of a bargaining structure, but the employer has not been able to write enough in writing. ACAS can settle employment tribunal claims (and potential claims) through a particular type of agreement called COT3. Parties to a COT3 are not required to be represented by lawyers. With the exception of a transaction contract, a COT3 is the only other legally binding route that a worker can give up/abandon. However, as a general rule, if you sign a transaction agreement, you should consider that it is a feature of everything that has happened between you and your employer and that you cannot assert rights against them. If you have doubts that the person will later object to an oral reference or if you wish to reserve the right to submit a full reference, including subjective assessments, written permission from the outgoing staff member may be obtained. We can help you provide some form of authorization for this purpose. This means that the draft agreement is “off the mark” and cannot be presented to a court as evidence of a confession against one of the parties.

The legal concept “without prejudice” is based on the principle that it is useful for the parties to speak freely when trying to reach an agreement. If they know that everything they say in these discussions cannot be used as evidence against them, then it allows the parties to be more open. If you seek advice from a lawyer on a transaction agreement, but decide not to accept the proposed terms, you may still have to pay all legal fees. Your employer`s obligation to participate in your legal fees is only valid if you sign the transaction agreement. Your lawyer will explain the consequences. Another important tip is to make sure you have the right lawyers who act for you. If you don`t believe in the skills of your lawyers, always remember that you have the right to change lawyers if you wish. At Truth Legal, we have extensive experience in successfully negotiating transaction agreements.

In both cases, the potential employer may claim damages if it suffers financial harm on the basis of misleading reference. This is why more and more employers have a policy of providing brief factual references only for your start and end date, as well as your professional designation, etc. High goal, but willing to compromise. To reach an agreement, both sides must feel that the agreement is right.