What are the conditions for a valid compromise greement?

 

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2. What are the conditions for a valid compromise agreement?

  • The agreement must be in writing;
  • the agreement must relate to a particular complaint or particular proceedings;
  • the employee must have received independent legal advice from a relevant adviser on the terms and effect of the compromise agreement and its effect on the employee’s ability to pursue any rights before an Employment Tribunal;
  • the independent adviser must have a current contract of insurance, or professional indemnity insurance, covering the risk of a claim brought by an employee in respect of the advice given by the independent adviser;
  • the agreement must identify the adviser;
  • the agreement must state that the conditions relating to compromise agreements have been satisfied.