I have recently finalised a fantastic outcome for my client. She had received a Settlement Agreement from her employer and made an appointment with me to go over the terms. I was instructed to renegotiate the Termination Payment she was being offered and my client received a fantastic increase to her employers’ original offer.
My Client’s Review
What were the circumstances that caused you to look for a legal adviser?
I received a settlement agreement from my employer and I instructed Lucy to advise me on it.
How did Lucy Stones help you?
I met with her for an appointment. She asked me to set out the whole background to the situation and then gave me her advice. As part of her advice she thought I might have a claim for unfair dismissal. She then advised me to try and increase the payment my employer was offering me.
Have you seen the outcome you were hoping for?
Yes, I received an increase to my compensation and I Was very happy.
What could they have done better?
Really, no she couldn’t. She was really personable and I felt really reassured by her.
What is a Settlement Agreement?
Settlement Agreements are legally binding contracts which can be used to resolve ongoing work disputes and are often used to terminate an employment relationship. They are 100% voluntary and you are under no obligation to accept. However, if you choose to enter into one you will be waiving any Employment Tribunal claim you may have had available to you.
What must a Settlement Agreement include?
Settlement Agreements are long and detailed documents. They all contain standard clauses such as the termination date, waiver of claims, warranties given by both parties but they should always include the following specific conditions too:-
- The agreement must be in writing.
- The agreement must relate to a particular complaint or proceedings.
- The employee must have received advice from a relevant independent adviser, such as a solicitor.
- The independent adviser must have a current contract of insurance or professional indemnity covering the risk of a claim by the employee in respect of loss arising from the advice.
- The agreement must identify the adviser.
- The agreement must state that the applicable statutory conditions regulating the settlement agreement have been met.
Renegotiating Settlement Agreements
It is very common for me to renegotiate the terms of my client’s Settlement Agreement. This can simply be the contractual clauses to make it fairer on my client and/or seek an increase to the Termination Payments my client is receiving. The way in which I do this is by obtaining your full instructions prior to even reviewing your Settlement Agreement. I want to learn how you came to receive one and by doing this, I will be able to identify whether you have any Employment Tribunal claim available to you now or in the near future. If I consider you do, I estimate the value of your claim/s and then I compare it to the offer you are receiving from you employer. This allows me to provide you with clear advice on the amount you are being offered and whether it is reasonable, or requires improvement.
How can I help you?
Generally, when you receive a Settlement Agreement, you will have a contribution towards your legal fees which is payable by your employer. Therefore, you may find obtaining legal advice is free to you.
In our Settlement Agreement appointment, I will discuss with you the following:-
- I will take a detailed background to the situation.
- I will advise you on any potential claims you may have.
- If I identify a potential claim, I will estimate the value of that claim.
- If a claim is identified, I cross reference the value to your Termination Payment and advise you on the amount you are being offered.
- I go through the specific clauses of the Settlement Agreement and advise you on their meaning.
For more information on Settlement Agreements, please visit our page at https://lincslaw.co.uk/services/settlement-agreement/.
Get in touch
If you require any Employment Law advice or if you have received a Settlement Agreement, please do not hesitate to give me a call on 01522 440512 or send email ContactUs@lincslaw.com
Lucy Stones, Specialist Employment Solicitor
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