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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Can I lose my voluntary payment if i have a job offer before

Customer Question

Can I lose my voluntary payment if i have a job offer before i sign my compromise agreement
Submitted: 3 years ago.
Category: Law
Expert:  Jenny replied 3 years ago.
Hello and welcome to Just Answer, is this a voluntary redundancy payment?
Customer: replied 3 years ago.


yes

Expert:  Jenny replied 3 years ago.
has the solicitor pointed to a clause in the agreement which states that it is subject to you not being in work.

Has your employment now ended?
Customer: replied 3 years ago.


my employment ends today there is a clause which states that i have not recieved or agreed to accept an offer of employment before date of signing

Expert:  Jenny replied 3 years ago.
and have you received a job offer?
Customer: replied 3 years ago.

kind of, i have applied to go onto a supply list so have no guarantee of work

Expert:  Jenny replied 3 years ago.
Unless there is an offer of a job then it will not invalidate your compromise agreement. You are under a duty to mitigate so if the employer finds you have been offered work before signing the agreement then it can renegotiate the amount.

Being put on a list or an agency books does not amount to an 'offer' of a job.

I would suggest you explain this to the union solicitor and go ahead and sign the agreement.

If you had been offered the job then there would be a breach of contract and you could be sued for damages under it.

On the basis of what you say this does not appear to be the case. In order to be sure then you should discuss via the solicitor with HR at your company.

Please remember to give positive feedback. I will be happy to answer your follow on questions.

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