We are regularly contacted by clients who have been invited to a Protected Conversation to discuss a Settlement Agreement. However, they often don’t understand what a Protected Conversation, or Settlement Agreement is. This blog looks to give a general overview of both concepts and how I have recently helped clients who went through this process.
What is a Protected Conversation?
A Protected Conversation is a private and off-the-record discussion that takes place between an employee and an employer. Usually, this Conversation is offered when one or both parties want to discuss the employment relationship ending by way of a Settlement Agreement (discussed below).
An employee does not have to attend a Protected Conversation. It is a voluntary discussion, and you cannot be sanctioned or disciplined for refusing a Protected Conversation.
However, it can be useful to simply go to a Protected Conversation and listen to what your employer is offering. Again, you do not have to accept anything that is offered in that meeting. You can (and always should) take independent legal advice on any offer of settlement that is put to you.
For more information on a Protected Conversation, please see our blog: https://lincslaw.co.uk/blog/protected-conversation/
What is a Settlement Agreement?
A Settlement Agreement is a contract which will bind both you and your employer to its terms. Usually, in a Settlement Agreement the employer will offer a compensation payment to an employee in exchange for that employee leaving their job, giving up their employment rights and agreeing not to bring any claims against their employer.
A Settlement Agreement is a voluntary document, which you do not have to accept. Furthermore, it is not binding until you have taken independent legal advice, and all parties have signed it.
Do I Need to See a Solicitor about a Settlement Agreement?
Yes, you do. As stated above, for a Settlement Agreement to become legally binding, you must have an appointment with an independent legal adviser on the specific terms of the Settlement Agreement and your agreement to waive your employment rights.
At Lincs Law, we are specialist employment solicitors who offer this service by way of a fixed cost Settlement Agreement Appointment. Within this 90 minute appointment we will:
- Discuss the circumstances of the Settlement Agreement offer (we will ask you to provide your Contract of Employment and Settlement Agreement);
- Advise you of the terms of the Settlement Agreement from your employer;
- Draw to your attention any potential Employment Tribunal claims being settled; and,
- In the event you choose not to sign the Settlement Agreement, provide an estimate of fees for any additional work. This will include a discussion of possible funding options (More information about possible funding is available on our website at https://lincslaw.co.uk/fees/settlement-agreements/ ); or
- Alternatively, if you do decide to sign the Settlement Agreement, arrange for the return of your signed document to your employer; and,
- Confirm their advice in full and in writing so you have a comprehensive record of your discussions.
Client Success
As a specialist employment solicitor, I regularly advise employees in respect of Settlement Agreements and Protected Conversation. Below are my recent 5 Star Client reviews in respect of Settlement Agreement clients.
Great communication
Really helpful and effective communication from Jasmine. Thanks so much
Settlement agreement
Jasmine was very knowledgeable, efficient and good value too. All wrapped up in 24 hours at the best national rate I could find, but also very personable and detail orientated.
Employee Settlement Agreement
Advice and Service from Jasmine and the whole company was excellent.
How Can Lincs Law Employment Solicitors Help You?
If you would like further help and advice in respect of Settlement Agreements or Protected Conversations, please call us on 01522 440512 for a free, no obligation, initial phone enquiry. For more information on the services we offer, please visit our website: https://lincslaw.co.uk/services/employees/
Jasmine Stewart
Specialist Employment Solicitor
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