One of the drawbacks for employers who use a redundancy by mutual agreement is that it might take longer to clarify the administrative details about how someone lets go. This requires additional resources, such as time and staff, to develop the details of an agreement. Unlike the structure of a good work reference, an end-of-work contract must follow government laws and regulations to be effective. Continue reading to see what are the pros and cons of a joint dismissal. The end of a working relationship can sometimes be an emotional period. That`s normal given the change. However, unlike the process of stopping or dismissing someone, dismissal may, by mutual agreement, constitute a consensual possibility of terminating an employment contract. An agreement with an employer is certainly better than being fired, but it could also be a long process for an employee. If, for whatever reason, a worker has to leave work quickly or take a new job, negotiations related to the development of a joint dismissal could take longer than to get your communication back to normal. Part of most contracts is that you have what is called a « cooling time. » This means that you have the option to terminate your current contract and reconsider your needs.
You may be able to add terms or adjust others that don`t meet your needs. This must be done within a specified time frame. You may know of such conditions for other contracts such as your phone or electricity supplier, but some people are not aware that this is also the case for termination by mutual agreement. Do you have questions about drafting or evaluating a transaction contract or would you like to discuss a deal? Please contact our Labour Law section. Although the dismissal of an employee is possible in order to avoid a possible right to dismissal, dismissal must be treated with great care (even if the employee asks for dismissal!). It is therefore very important to contact Fosters and provide legal advice before initiating dismissal proceedings against an employee.