Settlement Agreements – advice for employees:
Looking for legal advice on your settlement agreement?
We’ll help you get a fair deal…
Many people are finding themselves facing redundancy following the Coronavirus pandemic. You are not alone.
There may be many reasons why your employment is coming to an end – retirement, allegations of misconduct etc. Whatever the cause, if your employer is proposing a Settlement Agreement you must have proper legal advice before signing, and get that advice quickly.
For a Settlement Agreement to be fair and legally binding, an employee must receive legal advice from someone who is qualified and insured to provide it. Only then will the agreement be valid, and any settlement sums paid.
By choosing Thorne Segar to advise you you’ll get a proper understanding of the Agreement and its implications. You’ll also gain peace of mind and closure – so you can put it behind you and move on with your life.
Thorne Segar’s Iestyn Milton-Jenkins will make a detailed appraisal of your settlement agreement, and advise on:
- Claims – what claims the agreement says you are waiving e.g. employment claims in a tribunal
- Payments – what payments you will receive – for example holiday, notice period and compensation payments
- Practical issues – what are your responsibilities regarding company property, notice period etc
- Other provisions – Will you receive a reference, is there a Non-Disclosure Agreement?
You want to be confident your Settlement Agreement is a fair one. Other factors that need to be considered are:
- Your length of service
- The notice period
- Potential for finding another job
- The employer’s attitude and requirements
- Your contract of employment
Typically the employer is required to pay reasonable legal costs for the employee. Fee £600 +VAT.
THE THORNE SEGAR
SETTLEMENT AGREEMENT GUARANTEE
100% Satisfaction or you don’t pay a penny!
At Thorne Segar we take pride in the quality of our legal advice and the convenience of our service.
We are so confident that we can provide you with Settlement Agreement legal advice that meets your individual requirements that if you are dissatisfied or unhappy with our service in any way we will not charge you a single penny!
How quickly can you advise me?
We normally need to see the paperwork before we sit down with you. In this way, we can assess what is being offered before we see you. Please get in touch with us as soon as a Settlement Agreement is proposed.
How long does it typically take?
One to two weeks. We have to write you a letter explaining what the agreement does, what it offers, and what you are agreeing to forego in terms of claims. How long this takes depends on the content of the paperwork and whether we think you need to be advised to take more specialist advice. After that, most employers are keen to get matters settled quickly and will pay the settlement monies shortly after receiving the paperwork.
Is my offer a good one?
Every agreement must be considered individually. Similarly, every person’s circumstances are unique and have a bearing on the merits of the agreement. We will make sure that you fully understand all the terms of the agreement, and outline to you any claims you may have which may merit further investigation.
Why don’t I just go to an employment tribunal (particularly where there are issues of conduct, discrimination etc)?
Good question! In many ways this is the key issue to address – would you be better off with a settlement agreement or pursuing a claim through a tribunal. It depends on your particular situation, the terms of the proposed agreement and your attitudes.
A Settlement Agreement can be quick, and cost little or nothing to you (the employee), it may lower stress and risk ,and provide certainty and closure.
A Tribunal will typically take much longer, carries the risk of losing (with costs payable) – or receiving a lower settlement sum. It brings with it the stress of a day in court.