We are specialist employment solicitors here at Lincs Law Employment Solicitors. We therefore often assist clients who have received a Settlement Agreement from their employer. If you are in this situation, try not to panic. We are here to help. Please read on to find out more.
What Is A Settlement Agreement?
A Settlement Agreement is a contract between an employer and an employee which, usually, sets out terms for the employee to give up their job, their employment rights and any Employment Tribunal claims they may have (such as discrimination, Unfair Dismissal, unlawful deduction of wages) in exchange for a compensatory payment from their employer.
Here at Lincs Law Employment Solicitors, we understand some clients are pleased to receive an offer of a Settlement Agreement as they view it as an opportunity for change. For others, the Settlement Agreement is offered out of the blue and they struggle with the fact their employer wants them to leave. Here at Lincs Law Employment Solicitors, we are here to help.
A Settlement Agreement can be offered by an employer for a variety of reasons. Whatever the reason, you need to make sure you have all the information you need to make the right decision for you and your family. For example, a Settlement Agreement could be offered by an employer where:
- There are concerns about an employee’s performance and a Settlement Agreement is offered as an alternative to proceeding with a Performance Improvement Plan (PIP).
- An allegation of misconduct has been made, and a Settlement Agreement is offered as an alternative to proceeding with a disciplinary process.
- A business is facing a redundancy situation, and a Settlement Agreement is offered during (or before) a redundancy consultation process.
- There is an ongoing dispute and/or a Formal Grievance is ongoing. A Settlement Agreement may be offered as an opportunity for the parties to part ways.
Importantly, a Settlement Agreement is completely voluntary. This means you cannot be forced or made to enter into a Settlement Agreement. If you choose not to enter into a Settlement Agreement, your employment should continue as usual. What this option looks like for you will very much depend on your personal circumstances.
It is also a condition of Settlement Agreements that an employee takes independent advice on its terms. For more information about this, please see our website here – https://lincslaw.co.uk/services/settlement-agreement/
I Have Received A Settlement Agreement From My Employer – What Should I Do Now?
If you have received a Settlement Agreement from your employer, try not to panic. The first thing to do is to consider your overall objective. If you decide you ultimately want to leave your employment, you should consider the Settlement Agreement offer and seek independent advice.
As above, you will need to obtain independent advice for any Settlement Agreement to be valid. If you are minded to leave your employment via a Settlement Agreement, the first thing to do is therefore to research and find someone who can help you.
Employment law surrounding Settlement Agreements is fast paced and ever changing. You need to make sure you are taking your matter to specialists who are fully up to date and can assist with your situation. Also, a Settlement Agreement is a very important contract. You should therefore receive personal, bespoke advice on the agreement and your personal circumstances.
Here at Lincs Law Employment Solicitors, we are specialist employment solicitors. We want to ease the stress and anxiety associated with the Settlement Agreement process. We pride ourselves in giving each client clear advice about their situation, making sure they understand the consequences of signing (or not signing) the Settlement Agreement they have been offered. Our qualified specialist employment solicitors have over 80 years’ experience between them.
The First Step – Free Initial Enquiry
The first step is simply to contact us for a free enquiry. We are very happy to help in response to a telephone, email or web enquiry. We will take some basic information from you including your name, the name of your employer and brief details of your employment issue. We will then be able to discuss your options and how we can assist you further.
Please contact us for a no obligation, free consultation. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
The Second Step – Settlement Agreement Fixed Fee Service
The next step will be to book a Settlement Agreement appointment with myself or one of the other specialist employment solicitors here at Lincs Law Employment Solicitors. More information about our specialist employment law team can be found here – https://lincslaw.co.uk/about/our-team/
Before our appointment, we will spend time reviewing the terms of your Settlement Agreement in detail. During our appointment, we will then spend time discussing the following together:
- The circumstances of your situation;
- Any potential Employment Tribunal claims you would be settling if you chose to sign the Settlement Agreement;
- The overall “benefit” of your Settlement Agreement – i.e., what benefits you would be receiving over and above what you would otherwise be entitled to;
- Each of the individual terms of the Settlement Agreement in detail;
- The various options available moving forward.
Our meetings, as above, are scheduled for up to 90 minutes. Our meetings therefore provide you with plenty of time to fully understand your options and make an informed decision moving forward.
Following our meeting, we also confirm our advice in writing to ensure you have a full record of our discussions.
For most people, a Settlement Agreement is dealt with at the first appointment. Subject to your instructions, we can assist you with signing your Settlement Agreement and returning the relevant documentation to your employer. However, we take the time to discuss the workplace circumstances which led to you being offered a Settlement Agreement. This is so we can advise as to the “deal” being offered. If you are not being properly compensated or we consider there any other issues with your Settlement Agreement, we will advise you fully on the alternatives available to you.
Usually, an employer will contribute towards the cost of you obtaining advice on a Settlement Agreement. Our fees start from £350 plus VAT (£420). For more information about this service, please see here – https://lincslaw.co.uk/fees/settlement-agreements/
Settlement Agreement – 5 Star Client Reviews
As a specialist employment solicitor, I very often assist clients who have been presented with a Settlement Agreement. I am always very grateful to receive client reviews. I have been particularly thankful to recently receive the following 5-star reviews and comments:
“Meticulous…… Kate was straightforward to deal with, did what she promised on time and on budget. I appreciate the attention she gave the matter, carefully spotting and explaining each issue. I would happily engage her services again.”
“Joined a Teams meeting with Kate where she walked me through my Settlement Agreement. She explained each section clearly and in detail; it’s meaning and impact on me. She listened to all my questions and gave me clear responses. The document summarising our conversation was extensive and listed recommendations and options open to me. With her help, I have achieved the outcome I was looking for. She is a very professional and approachable solicitor who I would not hesitate to recommend.”
“Quick and efficient service by Kate. Detailed and thorough advice provided, didn’t rush appointment. Great value for money, would highly recommend.”
“Kate was really thorough making sure everything was explained in the agreement and highlighting certain aspects that needed querying and further clarification. Thankyou for all your help. I would not hesitate in recommending you to anyone else who needed legal advice with employment issues.”
Lincs Law Employment Solicitors Can Help You
If your employer has presented you with a Settlement Agreement, we would be delighted to help. Please contact us for a no obligation, free consultation. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
For more information about our fixed fee Settlement Agreement service, please see here – https://lincslaw.co.uk/fees/settlement-agreements/
Alternatively, if you have been presented with a Settlement Agreement and would prefer to focus on alternative options for you, we offer a different service called a Fixed Fee Consultation. Please see here – https://lincslaw.co.uk/fees/employees/
Kate Key
Specialist Employment Solicitor
Lincs Law Employment Solicitors
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