Employment Settlement agreement
Our employment lawyers provide independent legal advice to employees on settlement agreements.
We can help you secure the best terms for your agreement.
Employment settlement agreement specialists
With expert advice, you can ensure any employment settlement agreement is in your best interests and that you fully understand and agree to all of its terms.
While it’s likely your employer already has experience of negotiating settlements, for employees, it is usually an unfamiliar and daunting process. You may feel under pressure to quickly agree and settle, if only to bring an end to the stress and uncertainty.
Before you sign, you will need to take independent legal advice. A settlement agreement is a legally binding document and once signed, you and your employer will be bound by all of its provisions.
We can help
DavidsonMorris’ employment lawyers offer specialist employment settlement agreement advice and support to employees.
We can help ensure any agreement you sign with your employer is drafted in your best interests and that your legal rights are fully enforced and protected.
Whether you want advice on a settlement agreement you have already been offered, or want to initiate a settlement agreement with your employer, we can provide advice in light of your specific circumstances.
We are highly experienced in assessing settlement offers and securing a fair settlement through specialist negotiation. We will help you to understand your full contractual and statutory entitlements and to identify a fair level of compensation that you should reasonably expect to achieve given the facts of the matter.
We consider all factors, including the strength and merit of your case, your options should you reject the offer and consideration of non-financial solutions such as returning to your role with undertakings from your employer to make certain changes in the workplace.
We will handle all communications with your employer and their representatives to ease the burden on you throughout the dispute process.
We also support with more complex aspects of settlement agreements such as:
- Restrictive covenants – typically used in settlement agreements where they are included in the original contract of employment. The terms should be checked to ensure they do not go beyond the original contract terms and consideration should be given as to whether the terms can be negotiated to be less onerous or removed altogether. If the restrictive covenant is new, is it reasonable in the circumstances?
- Protected conversations and without prejudice rules – with early instruction, we can provide guidance on the use of protected conversations and without prejudice and how these will impact negotiations and any disclosure in any subsequent tribunal hearings.
If you have been asked to sign a settlement agreement, employers will in many cases cover the cost of legal advice to review the agreement, so it is worth asking if this has not been offered already.
What you need to know about an employment settlement agreement
Settlement agreements, or compromise agreements as they used to be known, are used by employers and HR when dealing with workplace disputes. They are often used to negotiate specific terms for an employee’s exit where there are sensitive or complex employment issues involved, such as redundancy situations, allegations of workplace discrimination or unfair or constructive dismissal. Settlement agreements,
Before you sign, speak to a specialist employment law solicitor. You will want to understand whether your employer’s offer is fair and reasonable given the circumstances, such as the merit of any potential tribunal claim you may have, or whether it would be realistic to negotiate a higher payout or better, alternative terms. You should also take advice on all other legal implications of the agreement, such as any waiver of your rights to bring future tribunal claims against your employer.
Settlement agreements shouldn’t be considered in isolation. You will want to be certain your statutory and contractual rights and entitlements are being met and that any settlement reflects the nature of the dispute and the process that has led to the agreement.
You should also take advice on what happens if you choose not to sign the agreement or cannot reach a settlement with your employer. If you reject the offer, what are the expected levels of compensation you could be eligible for if your claim succeeds at tribunal and do you have the energy, inclination and resources to make a tribunal claim?