Value of a post- employment contract 'no issues' declaration

Genghis

I am wary of posting specific details lest it appears that I am seeking legal advice.

A contractor is between employment contracts. Before the old contract ended, a new contract was proposed and agreed between the parties, with the employer promising to send at a later time a final contract for review and signing.

In the meantime the employer sends a disclaimer note drafted on company paper seeking to certify that there are no outstanding issues with the previous contract. It is made clear that this must be signed and returned before a new contract will be sent out.

There are issues (discrimination, possible unfair dismissal, possible other grounds, all of which would require solicitor advice), but the contractor is not planning to pursue them if a new contract is agreed.

Can a company issued disclaimer invalidate any future discrimination / unfair dismissal action, or are such rights protected in law regardless of any signed note.

dermot_sheehan

The company can issue one all it likes and you can sign it. The only reprecussion is that if you sue them for any reason on the first employment contract they'll come into court and wave around the piece of paper. You can then explain to the court that you signed it as you felt you would not get a new contract unless you signed it.

Genghis

Thanks Gabhain, that's more or less what I thought too.

Reloc8

Under the relevant legislation any term of a contract which is inconsistent with the Acts is considered void - a waiver in these circumstances is of no effect in the context of an claim under e.g the Unfair Dismissal Acts. The waiver is a term of the (new) contract because the company require you to sign in order to continue to be employed.