These guidelines help to highlight some of the legal limitations that employers need to consider when considering the application of transaction agreements to terminate employment. Actons provides independent legal advice to NHS employees who obtain standardized NHS billing agreements. For example, I regularly see a clause in transaction agreements that justifies the employee not to have committed serious misconduct (z.B.). Since these agreements are often concluded when a worker is accused of this, I have to ask myself what is the point of these agreements. (Another rhetorical question). An employee in such a position should never accept such a clause if he or she conditions the payment to the accuracy of the guarantee. Nevertheless, I regularly see that the clause appears, which seems to me to be thoughtless, and I regularly see that employees accept the clause if they do not. In short, lawyers themselves need better training, and perhaps a certification procedure is more appropriate to show that lawyers are competent in this particular discipline than the current deregulation, which allows for the advice of such agreements by a growing circle of advisers. In addition, NHS Employers has published updated guidelines for the implementation of transaction agreements. This confirms when a transaction agreement can be used, an example of the nature of the confidentiality clause that could be included in the agreement, as well as legal and regulatory requirements. The guidelines also remind employers of the need to obtain HM Treasury`s authorization for special severance pay. Too often, councillors do not try to negotiate these agreements and simply sign them. Our multi-billing consulting service provides employers who are dealing with job reductions with a special, inexpensive and efficient package.
We offer employees competent and independent legal advice that will save you time, money and trouble. NHS employers have released a new fact sheet for employers and workers to help them understand their rights to enter into a transaction agreement. In the interview on Radio 4`s “This Morning”, concerns were expressed that the gag clauses in the transaction agreements made it difficult for people to come forward and that employees who signed such agreements were often unclear what they meant. Illustrations were given where employees felt they were unable to speak to their own family doctor or counsellor. Worse, if a worker is aware of a case of maladministration or an event that endangers the public, they may not feel able to identify them once they have signed such an agreement. People think they can`t talk to anyone after a deal. These instructions confirm that settlement and confidentiality clauses can legitimately be used to resolve potential cases and claims. Employers are advised to read and apply instructions.