I was recently made redundant because our company is closing. I agreed to back date the date of redundancy to help the company out financially - ie so they didn't have to pay PAYE etc. I have continued to work for the company during this time, based on a compromise agreement they gave me. They are now saying that there isn't enough money to pay this, however there is enough money to pay all the other creditors.
Can anyone advise where I stand legally with this as they are prioritising everyone over me?
Thank you
Compromise Agreement not upheld
- 10-04-11, 08:57 AM #1Confetti
Junior Member
- Join Date
- Apr 2011
- Posts
- 2
- Thanks
- 0
- Thanked 0 Times in 0 Posts
Compromise Agreement not upheld
- 10-04-11, 10:45 AM #2
You will need legal advice - this cannot be resolved online. A lawyer needs to see the compromise agreement terms. What you are describing here is highly irregular if you have remained an employee of the company, and I am not even convinced it is legal! Certainly, I think HMRC would have something to say about this arrangement, and I doubt it would be anything good. If the terms of the agreement are not lawful, then the agreement is null and void anyway. On what basis did your legal advisor suggest you sign such an agreement? Beacuse I have to say, I cannot imagine any circumstances in which I would advise a client to sign such an agreement.
Employment Advice / About Me
(Any employment law and legal advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).
- 10-04-11, 11:04 AM #3Confetti
Junior Member
- Join Date
- Apr 2011
- Posts
- 2
- Thanks
- 0
- Thanked 0 Times in 0 Posts
Thanks for the response. As far as I know it is a legally binding contract. In order for them to get around the fact I was still working for them they gave me a consultancy contract valued at £1k. As I do the book keeping for the company I know that there is money in the company to pay my agreement, however if they pay me it means some of our creditors don't get paid. It's all a bit of a mess really, and I'm not sure that going after them is going to achieve anything if they are closing the company anyway. They would just declare themselves bankrupt I assume? It just seems unfair that I lose out and no one else.
- 10-04-11, 01:48 PM #4
Whatever you have been told you have entered into a very dodgt agreement - and an unlawful agreement is not legally binding! It may not be unlawful, but it is certainly dodgy at best. Redundancy (nor any other form of termination) cannot be "backdated", and to backdate it is tax evasion, at the very least on the employers part. But you now have a double whammy - the comprom ise agreement is nothing to do with employment law as such now. You are simply another creditor, and your place in the line for payments is determined not as an employee (who are first in line) but by the status of the owed debt. I can only repeat, this is an agreement I would never have advised a client to sign.
Employment Advice / About Me
(Any employment law and legal advice I submit to Redundancy Forum is given in good faith without any further liability or obligation).
Please share us with friends or colleagues!
Similar Threads
-
TUPE / Compromise agreement
in EMPLOYEES Ask redundancy questions -
Sign Compromise Agreement...or else...
in EMPLOYEES Ask redundancy questions -
CV writing after a compromise agreement
in Employment help and advice for EMPLOYEES -
Compromise Agreement
in Employment help and advice for EMPLOYERS -
Compromise Agreement Info
in EMPLOYEES Ask redundancy questions




Reply With Quote








