Settlement Agreements for Employees

If you’ve been presented with a Settlement Agreement, you have probably been told that you need to take the agreement to a solicitor.

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If you have been presented with a Settlement Agreement (previously called a compromise agreement) by your employer, you have probably also been told that you need to take the agreement to a solicitor to get independent legal advice.

This is because if you sign a Settlement Agreement you waive your rights to take legal action against your employer for claims that you are aware of but also claims that you may not be contemplating at the time. As such a Settlement Agreement is a forceful legal document which needs careful consideration and appropriate legal advice.

You are free to choose your own solicitor and this is where we can help you. We have extensive experience of reviewing and advising on the terms of Settlement Agreements and will explain the terms of your agreement to you clearly so that you know exactly what you are signing.

It is standard practice (but not a legal requirement) for your employer to contribute towards the costs of seeking the independent legal advice. Where your employer is contributing we are usually able to provide the advice within their proposed contribution so that you don’t have to incur any costs yourself. If your employer hasn’t offered to cover all your costs we will negotiate with them on your behalf to try and get your legal costs covered.

If you are unhappy with your employer’s proposals or consider that you have been unfairly treated or discriminated against we can help you negotiate more favourable terms from your employer or help you decide if you want to take further action. This will not be covered by the employer’s contribution and you will have to pay for this extra advice personally. We will discuss this with you in detail and can usually provide fixed fees so you know how much it will cost.

In order to advise on a settlement agreement I would always prefer to meet and discuss your individual circumstances in person and this will take about an hour. However, sometimes it’s more convenient for you and quicker to have a telephone or skype meeting. It is entirely up to you. We aim to deal with your matter without delay so you can focus on moving on.

Please get in touch with us if you’d like us to help you with your Settlement Agreement.

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Kevin Byrne, Checkatrade