I have recently assisted several clients who have been presented with a Settlement Agreement to leave their employment instead of proceeding with a redundancy consultation process. If you are in this situation, try not to panic. We are here to help. Please read on to find out more.
We are specialist employment solicitors here at Lincs Law Employment Solicitors. We are therefore very experienced with assisting clients who have been presented with a Settlement Agreement. This is very often presented by their employers as an alternative to proceeding with a redundancy consultation process.
My Client’s Story
My client had worked for his employer for several years. One day, he was invited to a “protected conversation” with his manager out of the blue. During this meeting, his manager explained the company needed to cut costs and a redundancy consultation process would begin. My client was then presented with two options:
- He could continue with his employment and go through a redundancy consultation process which may (or may not) result in him being made redundant; or
- He could leave his employment via a Settlement Agreement.
My client decided he wanted to obtain advice on the Settlement Agreement proposed by his employer. He therefore decided to contact us here at Lincs Law Employment Solicitors.
For more information about protected conversations, please see our blog here – https://lincslaw.co.uk/blog/my-employer-has-asked-for-a-protected-conversation-what-should-i-do/
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 in exchange for a compensatory payment from their employer.
Importantly, a Settlement Agreement is completely voluntary. This means if you do not accept a Settlement Agreement, your employment should continue as usual. For example, in my client’s circumstances (as above), his employment would continue, and he would have likely been placed “at risk” of redundancy. A redundancy consultation process would then have commenced.
Importantly, it is a condition of Settlement Agreements that an employee takes independent legal advice on its terms. Usually, an employer will contribute towards the cost of an employee obtaining this advice. For more information about this, please see our website here – https://lincslaw.co.uk/services/settlement-agreement/
How Did I Assist My Client?
Here at Lincs Law Employment Solicitors, we offer a Fixed Fee service advising in respect of Settlement Agreements. Please see here for more information – https://lincslaw.co.uk/fees/settlement-agreements/
Before our appointment, I spent time reviewing the terms of my client’s Settlement Agreement in detail. During our appointment, we then spent time discussing the following together:
- The circumstances of his situation;
- Any potential Employment Tribunal claims he would be settling if he chose to sign the Settlement Agreement;
- The overall “benefit” of his Settlement Agreement – i.e., what benefits my client would be receiving over and above what he would otherwise be entitled to;
- Each of the individual terms of the Settlement Agreement in detail;
- The various options available moving forward.
Our meeting, as above, was scheduled for up to 90 minutes. Our meeting therefore provided my client with plenty of time to fully understand his options and make an informed decision moving forward.
Following our meeting, I also confirmed my advice in writing to ensure my client had a full record of our discussions.
After reviewing my advice, my client decided he wanted to sign his Settlement Agreement. I was therefore on hand to promptly assist with signing his Settlement Agreement and sending the relevant documentation to his employer on his behalf.
Redundancy Consultation or Settlement Agreement: 5-Star Client Reviews
I am always delighted to assist my clients with Settlement Agreements presented by their employer. I understand the process can feel daunting and sometimes very sad as they decide whether to part ways with their employer or not. I therefore always strive to spend time understanding their needs, provide clear and friendly advice, and to help them achieve the best possible outcome for them.
I have been delighted to assist many clients, including my client noted above, who have been presented with a decision of progressing with a redundancy consultation process or leaving their employment via a Settlement Agreement. I have been very grateful to receive 5-star reviews from these clients, including:
“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.”
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/
Kate Key
Specialist Employment Solicitor
Lincs Law Employment Solicitors
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