Settlement Agreement Employment

Settlement Agreement EmploymentReceiving a settlement agreement can be a complex and confusing time.

Settlement agreements are most often used to end employment relationships on agreed terms or settle disputes between employers and employees. Either way, the employee must seek independent legal advice on the terms of the settlement agreement to ensure the implications of signing are understood.

Independent advice is required as a safeguard because the settlement agreement waives your statutory employment rights.

It is important to fully understand your position and work with an expert before agreeing to any offer made via a settlement agreement. Below we cover some of the main areas and link to more detailed articles on each topic.

Being Offered A Settlement Agreement

In our experience, people receiving settlement agreements are either happy (because they want to leave the company) or it comes as a complete shock and they feel unfairly treated. However, common to both these reactions is people want the process handled quickly, but this can lead to some common pitfalls, such as forfeiting significant compensation or agreeing terms that make getting a new job more difficult.

These issues can be avoided by working with an expert in this area.

In the meantime, our Settlement Agreement – FAQs will address any burning questions.

Negotiations

When offered a settlement agreement, there is often scope to negotiate better terms. Generally, this can either be more money or varying the terms of the settlement agreement, by making them more favourable to your specific situation.

Having an understanding of and working with someone well-versed in How to Negotiate a Settlement Agreement can make a significant difference. This will enable you to determine if the offer is reasonable in the first place and what steps can be taken to ensure you have the best chance of leaving with a better outcome.

Settlement Agreement – Terms

When receiving a settlement agreement, people naturally focus on the monetary aspect, but the other terms can be of equal importance. Not taking the time to fully understand the Settlement Agreement Terms can have devastating consequences, such as being prevented from accepting a new and attractive job offer.

Typical Payments

A settlement agreement is used to end employment relationships and/or settle employment law disputes, which usually includes a form of payment from employer to employee. It is important to understand the types of payments that can be included in a settlement agreement and for these to be checked.

Some examples of Typical Payments found in Settlement Agreements are:

  • Notice pay.
  • Holiday pay.
  • Expenses.
  • Redundancy payment.
  • Bonus/commission.
  • Pension arrangements.
  • Ex-gratia/termination payments.

Working with an expert will ensure you are not leaving money on the table.

Settlement Agreement Calculator

If you have received an offer to leave your job, you may be tempted to search for a Settlement Agreement Calculator to check if the offer you have received is reasonable. It makes sense to check if the offer received is reasonable, but putting a few basic details into an online calculator is very unlikely to provide any useful guidance and is unlikely to be anything more than a marketing tool.

A Settlement Agreement Calculator is about as effective as trying to diagnose a complicated health issue by an internet search (both are not very good ideas).

Our ethos is very much to “diagnose before we prescribe,” and we do this by asking the right questions and drawing on our experience as experts in this field. It would be nice if you could determine the value of claims using an online calculator, but sadly, you can’t.

Get In Touch

Please call us on 0207 118 9218 or complete a Free Online Enquiry and we will be in touch.

“We have worked with Toner Legal since day one of our start-up journey. Their support and expertise has been invaluable. Taking a proactive approach to employment law and our team makes complete sense, it is of course hard and not something to manage without support. Toner Legal’s advice and support has always kept us on the right track.”

- Callum Murray, Founder / CEO

“Very good advice provided by Blair which enabled us to arrive at a satisfactory conclusion to an internal staffing dispute.”

Rob C

“An exceptional Barrister I would highly recommend. Great communication throughout the whole journey. Clear and concise at every stage of the process”

- Lynne

“High praise for Blair Toner. It was encouraging to work with him. His personal attention, professionalism and dedication was the key component for a great outcome. He was always available specially with my job being outside office hours,the only time I could communicate with him was late in the evening but guess what he was there for me every time. I highly recommend his services. Thank you for your great service, knowledge, understanding and ability to put yourself in my position. You are great at your job and as a person. God bless you.”

- Ricardo

“I have instructed Blair Toner in a wide range of employment matters. Having witnessed Blair in action at the employment tribunal, I have first-hand experience of his abilities and skills. His attention to detail and knowledge of the minutest details of the legislation is most impressive, and is what makes him stand out as one of the best advocates I have instructed.”

- Aarti Jagpal, Solicitor