Settlement Agreements

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A settlement agreement can provide a clean break for both an employee and their employer. It can offer a quick alternative to the time and cost associated with following a fair dismissal process. If you have been given a settlement agreement by your employer, it’s important that you fully understand its terms and get the fair deal you deserve. We can help you understand your rights and, what all the clauses in the agreement mean and how they will impact you. We can also negotiate on your behalf to increase your compensation payment and make sure your rights are fully protected in the agreement.

What is a settlement agreement?

Signing a settlement agreement essentially means you waive or settle all possible claims against your employer, usually in return for a payment. The agreement will include details of any payments to be made, the claims that are being waived, and often a confidentiality clause. The agreement is also likely to include a contribution by your employer towards the cost of your legal fees.

Terms that are negotiated through a settlement agreement can often represent a better financial outcome compared to what you may achieve through issuing a case in the employment tribunal. This is partially due to the uncertainty and ‘litigation risk’ of issuing a claim at the tribunal. An agreement can also provide you with control over specific terms, such as a reference or an agreed announcement. These are terms that can be extremely valuable to an employee.

In addition, by entering into a settlement agreement, you can avoid the financial and emotional burden of proceeding to issue a claim at an employment tribunal.

Do you have to sign your agreement and how long will it take to conclude?

Settlement agreements are completely voluntary and both you and your employer need to agree to the terms. You must carefully read your agreement, and it can only become legally binding once you have taken independent legal advice on the terms of the proposed agreement and the effect it has on your ability to pursue any claims.

Generally speaking, settlement agreements can be concluded relatively quickly. If you are happy with the terms of the proposed agreement, we should be able to finalise the agreement within a few days. In some cases, it can be concluded on the same day. However if there are further negotiations needed on the financial package or terms of the agreement then this means that the process will take longer.

Getting a fair deal

We can help you understand any potential legal claims you may have against your employer and the merits of those claims. For example, this may involve considering if you could have an unfair dismissal claim or any discrimination claim. We can then advise you on the amount of compensation you could expect to receive if you brought such a claim in the employment tribunal. This will help you to establish whether you are being offered a fair settlement package or if you would like to negotiate an increase in your compensation.

How we’ve helped our clients

“Paris Smith established my contractual rights and advised me on the settlement deal that I should be aiming for, taking into account my thoughts and concerns. The team were very aware of the stresses and pressure that this situation puts you under and allowed plenty of time for big decisions to be made. My company decided to seek a settlement agreement with me after very long service and the Paris Smith employment team was recommended to me through two colleagues who they had represented previously in similar circumstances. They responded very quickly and set up communications with my company’s legal representative. Paris Smith established my contractual rights and advised me on the settlement deal that I should be aiming for, taking into account my thoughts and concerns. The team were very aware of the stresses and pressure that this situation puts you under and allowed plenty of time for big decisions to be made. Theory were very clear when giving advice and ultimately a settlement was signed that I was very happy with. I would have no hesitation in recommending the Employment Team to anyone who finds themselves in conflict with their employer and requires legal representation. ”

Mrs SA

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Settlement Agreements Resources

30th August 2019

A Guide To Settlement Agreements

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30th August 2019

A Guide To Settlement Agreements

Employment Solicitor Sarah Hayes takes us through a guide to settlement agreements. Why are they beneficial? What should you need to know and what are the practical steps that need to be taken for them to be legally binding?

Show notes
00:28 What is a settlement agreement? Sarah defines what it means
00:48 What is the purpose of a settlement agreement and what will include
01:15 There are various benefits of having a settlement agreement – Sarah talks through what these are
02:00 How long does it take to agree the terms of a settlement agreement?
02:40 It is important to see a solicitor if you are issued with a settlement agreement – Sarah talks about how this works in practice
04:06 What happens if you want to negotiate the terms of your agreement and do you have to sign the agreement? Sarah explains in detail and what the implications are for you.
04:45 How do you know if you’re getting a fair deal?
05:30 What is the typical time frame for payments being made?

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