Settlement agreements solicitors
There is a legal requirement that a Solicitor reviews and explains the terms of the settlement agreement to you before you have to sign anything.
Overview
Measured legal advice when you need it the most
Being presented with a settlement agreement (formerly known as compromise agreements) by your employer can be unsettling and daunting. Though circumstances vary, you are most likely to receive a settlement agreement when your employer is suggesting bringing the employment to an end.
We can provide sound practical advice sensitively and confidentially. When making an important decision that affects you and your family, you need to know that you are in safe hands. Quality is at the heart of what we do.
We will explore any potential claims you may have (such as unfair dismissal, discrimination claims, a right to a redundancy payment, etc) and what you will be forgoing by signing the agreement.
Quick turnaround times
Turn around times are often tight for finalising settlement agreements and you may require legal support fast. We can almost always accommodate same-day appointments, including outside normal office hours.
Employment law is UK wide so we can advise in all settlement agreements whether your employer is based in Scotland or the rest of the UK.
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FAQS
Common questions about settlement agreements
What is a settlement agreement?
What makes a settlement agreement legally binding?
What does a settlement agreement cover?
What is a settlement agreement?
Answer
Sometimes referred to as “compromise” or “severance” agreements, settlement agreements are legally binding agreements that are entered into between an employer and an employee as a means of settling potential employment claims and also but not always terminating the employment relationship.
What makes a settlement agreement legally binding?
Answer
In order to be considered legally binding on the parties, settlement agreements must satisfy certain legislative requirements. For instance, if the employee does not receive independent advice from a relevant adviser prior to the signing of the agreement, the agreement will not be legally binding. Under the legislative requirements, a relevant independent adviser includes (among others) a qualified solicitor.
What does a settlement agreement cover?
Answer
In the employment context, settlement agreements are typically used to either (or both as the case may be) (i) terminate the employment relationship; and/or (ii) settle any claims or potential claims that an employee has (or may have) against their employer.
As such, settlement agreements will cover a variety of important issues that are subject to negotiation between the parties including:
- Contractual and statutory rights such as holiday entitlement, and notice pay/PILON
- the provision of an agreed reference for the employee after termination of employment;
- the arrangements for company property (including how this is to be returned and the condition of such property); and
- the arrangements in relation to pension entitlement;
The settlement agreement will also outline when payment is to be made to the employee following signature of the agreement, and also contain key provisions on the warranties that the employee is providing to the employer – which warranties the employer will almost certainly be relying on when entering the agreement.
Such warranties will likely include the employee warranting that they have not raised any formal proceedings against the employer (and that they have no intention to either).
These are extremely important sections of the settlement agreement, as the employer will almost certainly insist that any compensation payment made, is repayable as a debt (and likely immediately) where such warranties are breached.”
“I recently I found myself in an employment dispute with my multi-national employer; Scott at Harper Macleod was an effective specialist friend, who empowered me to achieve a fair settlement.”
“The service I received was excellent, and having been faced with an extremely overwhelming and emotional personal experience, the support and clarity I received from the outset assisted me greatly in the overall process, thank you.”
“Ewan Stafford was invaluable in helping me through a difficult time. He was very understanding, explained what my options were, made time to listen and checked that I understood everything before I left.”
“I recently went to see Ewan Stafford at Harper Macleod as I needed to seek advice from an Employment Solicitor regarding a Settlement Agreement, I didn’t know where to start as I had never seen a Settlement Agreement before. I can only say that nothing was too much trouble for him. I called him in the morning and he said that he could see me that day so we arranged a time for me to pop in and he explained it all very carefully to me, thankfully in simple terms – no Solicitor jargon!!”
“Overall service was excellent and very efficient. I was seen at short notice which helped my situation immensely.”
CONTACT US
Call us for free on 0330 159 5555 or complete our online form below to submit your enquiry or arrange a call back.