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Experienced Settlement Agreement Solicitors

Looking for a settlement agreement solicitor? We can check over the terms within the agreement.

In some cases, we might even be able to negotiate a higher settlement sum on your behalf. Contact our employment team for assistance today.

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What is a Settlement Agreement?

A settlement agreement is a legally binding contract drawn up by an employer to bring a contract to an end on agreed terms.

It prevents an employee from suing their employer after they have received a sum of money for agreeing not to bring certain claims against their employer.

A settlement agreement can also be called a severance or redundancy agreement.

Once a settlement agreement has been signed, the employee waives their rights to take their employer to court, make an employment tribunal claim or any other type of claim listed in the settlement agreement.

 

Why use Rotheras Solicitors for your Settlement Agreement?

It is a legal requirement for an employee to obtain independent legal advice before signing a settlement agreement.

At Rotheras our specialist employment law solicitors have a wealth of experience advising clients on settlement agreements. They will go through the agreement with you to ensure you understand everything that it covers.

Additionally, they will make sure that your contractual, common law and statutory rights are protected in the agreement.

Our employment solicitor Natalie Abbott can advise you on all aspects of your Settlement Agreement, contact Natalie on 0115 910 6244.

 

How Rotheras can help you with a Settlement Agreement?

  • Get the confidence that the terms within the agreement are beneficial to you as well as potentially negotiate a higher settlement sum on your behalf
  • We understand that in some cases you may need to sign a settlement agreement within a short space of time, so we will work promptly to arrange a face to face appointment and go through the agreement with you
  • If your settlement agreement also includes a share purchase agreement, then where required we can work alongside our commercial team to ensure you receive separate specialist advice

 

How much will it cost to get legal advice on a settlement agreement?

Your employer will usually contribute to the cost of getting legal services. However, this may be capped (usually between £200 and £500), so it is worth finding out the legal fees limit.

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FAQs

Why does my employer want me to sign a settlement agreement?

Your employer might ask you to sign a settlement agreement so they have security that you will accept the settlement and not take them to court or pursue legal proceedings for further compensation.

Settlement agreements are often used as a means of bringing employment to an end on mutually agreed terms and to avoid the need for a stressful consultation or internal management process.

How long do I have to sign a settlement agreement?

Your employer should not pressure you to sign the settlement agreement straight away but should give you at least 10 days to decide whether you want to sign the agreement.

Should I accept the first settlement offer from my employer?

If you believe the settlement agreement is fair and offers you the level of compensation you expect then you can accept it.

But since a settlement agreement needs to be checked over by a qualified solicitor before signing in order for it to be legally binding. It can help to have a settlement agreement solicitor to look over it and make sure it protects your rights.

In some cases, your solicitor can negotiate a better deal for you.

Can I reject the settlement agreement offer?

Yes, you do not need to accept the first offer that your employer gives you and you may wish to negotiate the amount of compensation and the terms if you are not happy with them.

However, it is also important to remember that the terms of the settlement must be agreed by both parties and, depending on the circumstances, your employer might be able to fairly dismiss you or you might not get a better offer.

At Rotheras we can help you to get the best agreement for you. This includes negotiating the amount of compensation you will receive and consider what effect the agreement might have on your future job prospects.

How do I decide if the settlement agreement offer fair?

Firstly, it is important to make sure the agreement covers your basic contractual and statutory rights and then look at what your employer is offering you in addition.

The decision as to whether it is fair will also be based on the facts relating to why your employer has chosen to end your contract.

Your solicitor will be able to help you decide whether it is fair or not and whether your case is strong enough to take to a tribunal or court and what you might be awarded if you were to go to a tribunal rather than using a settlement agreement.

If you are happy that the offer is fair your solicitor will sign off the agreement to ensure you receive the settlement sum promptly.

If your solicitor does not think the amount of money being offered is satisfactory, they can negotiate on your part to get a fair sum, which could include raising a grievance.

What is a compromise agreement? How is this different from a settlement agreement?

A compromise agreement is an older name for a settlement agreement. There is little difference between the two.

The only difference is that under the terms of new settlement agreements, discussions about the offer of a settlement agreement cannot be used in an ordinary unfair dismissal claim. The exception to this is unless the employer has shown improper behaviour.

When will I receive the agreed settlement agreement payment?

Compensation is usually paid within 7-28 days of all parties signing the settlement agreement or your last day of employment (whichever is later).

But other payments such as outstanding salary, accrued holiday and bonuses may be paid through payroll on the usual payroll date.

Do I need a solicitor for a settlement agreement?

Yes, you need a qualified solicitor to check over the settlement agreement and sign it off to make it legally binding.

Also, a solicitor can go through the settlement agreement with you to make sure it is fair as well as advising on whether the amount being offered is fair and what if any claims you may have against your employer arising out of your employment or its termination.

What should I do if I am happy with the terms of the settlement agreement?

You will still need to seek advice from a solicitor as this is a legal requirement.

However, seeking legal advice also provides you with the opportunity for your solicitor to review the agreement. As a result, they will make sure the terms are reasonable and your rights are protected.

What happens if I or my employer breach the terms of the agreement?

If either party breaches the agreement, then a claim can be brought to the courts for a breach of contract.

The agreement can be breached in various ways, such as the employer failing to pay an agreed sum of money or the employee bringing a claim against an employer despite agreeing not to in the terms of the agreement.

Do I have to wait for my employer to offer a settlement agreement or can I ask for one?

Yes, you can ask your employer for a settlement agreement in cases where you feel like you are being managed out of the office or where there are tensions between you and your employer which are unlikely to be resolved.

Although, whilst you might be able to make a claim against your employer for constructive dismissal, it may be mutually beneficial to offer a settlement agreement to your employer instead. This could result in you leaving the company faster and getting more compensation.

Should I take a settlement agreement or redundancy?

Unlike redundancy, a settlement agreement waives an employee’s rights to bring legal action against an employer.

However, a settlement agreement can be used in redundancy and an employee might opt to sign a settlement agreement overtaking a redundancy package if it means they get more money.

How long does it take to finalise a settlement agreement?

If you are happy with the terms agreed in the contract and we feel it is fair and protects your rights, then the agreement could be settled within days.

However, if your solicitor feels some of the wording needs changing within the agreement, or they can negotiate a bigger sum of money for you, then they will need to go back to your employer and await their response.

Will I need to pay any tax on the compensation I receive from a settlement agreement?

Depending on the amount of compensation you receive, you might not need to pay any tax. Usually, the first £30,000 of payments made in a settlement agreement are tax-free. You will need to pay tax on payments for salary and holiday entitlement.

Contact our Employment Law Team
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