Let O&W take you through the A-Z of your Settlement Agreement
Our specialist team of Employment Lawyers have a wealth of experience in not only advising on the terms of Settlement Agreements for employees across a wide range of industry sectors but also advising employers on strategy and exit plans. Our team are in the unique position of being able to advise using a 360 degree approach to ensure that you receive the best possible outcome from your employment terminating; whatever the reason. We are not just your legal advisor in name, but will tailor our advice specific to your circumstances. There is no one size fits all.
What is a Settlement Agreement?
You may not have come across a Settlement Agreement and the process can often seem daunting and cause stress. We can assure you that whilst it is a formal contractual document, they are commonly used by employers to minimise possible risks to their business, in settlement of possible claims pre action or whilst in litigation, as a tool to manage the exit of employees from their business for a variety of reasons including redundancy (including as an alternative to a formal process), or even as a formality as a means of dotting the I’s and crossing the T’s.
Formerly known as compromise agreements, employment settlement agreements are a written legal agreement between an employee and their employer under which the employee agrees to settle an employment tribunal claim that they have or potentially have against their employer.
Independent Legal Advice
Independent legal advice is so important and a legal requirement in order to make a settlement agreement legally binding because once you sign the settlement agreement you will not be able to make a claim against your employer arising out of or in connection with your employment or its termination. It is imperative to consider all possible factors that could give rise to any claims before making a decision to enter into a settlement agreement.
Negotiating the terms
We will be able to guide you through the whole process from start to finish including any negotiations that may be required to ensure the best possible outcome for you. It is usual for the employer (although they are not legally required to do so) contribute to your legal fees for the advice required to advise on the terms.
Our review will consider the circumstances that have resulted in the settlement agreement being offered, and not only the financial settlement but also non-financial aspects which may be of significant value and fall outside of the jurisdiction of a court to order; such as apologies, agreed references, equity retention (RSU’s LTIP’s etc) and departure announcements to prevent reputational damage.
The process
A proposal to enter into, or even vague mention of an exit under a Settlement Agreement is often made after a ‘without prejudice, ‘off the record’, or ‘protected conversations’. These conversations can often take place with little or no notice, and often can leave you feeling anxious and confused about the next steps in the process.
How do we provide you with our advice?
Advice on the terms of a settlement agreement can be provided by telephone or video call meeting at your convenience and we can also offer same day appointments to meet tight deadlines. In most cases we are also able to liaise with your employer or their legal representative to secure an extension to any deadlines that have been set for entering into the settlement agreement, so you have peace of mind that the matter will be dealt with, giving you the necessary time to consider your options.
Get in touch.
For further information on settlement agreements or for a no obligation discussion, please complete complete our settlement agreement enquiry form and we will get back to you within 48 hours.
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