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Settlement Agreement Advice for Resolving Workplace Disputes
Navigating a settlement agreement can feel overwhelming, but our expert team is here to make the process simple and stress-free. Whether you’re negotiating a workplace settlement agreement, dealing with a breach of settlement agreement by your employer, or exploring an employment tribunal out of court settlement, we provide trusted guidance tailored to your unique situation.
Employers invariably contribute towards the legal fees involved in your obtaining independent advice on the Agreement. In most cases our standard fee will match the contribution payable by the employer in which case there will be nothing payable by you.
Call today to speak with one of our team and arrange an appointment. If the matter is urgent we can usually offer same day appointments with one of our settlement agreement solicitors.
We regularly draft these agreements for employers as well as advising employees on them. We can draw on our expertise and experience to progress your matter as quickly and as smoothly as possibly; discussing your options with you; and ensuring you are comfortable with your matter throughout.
Whilst most of our appointments are conducted by video calls we can also offer meetings in person or by telephone depending on your preference.
“Amber Fraser has been amazing answering any queries I had regarding my Settlement Agreement as she communicated very quickly all the information throughout the whole process. Amber has been incredibly kind, helpful and on-the ball!”
“I contacted Morr & Co late in the day and I was contacted the next morning, early, by Elizabeth Maxwell. She gave me all the information needed to take a decision on how to proceed and she then represented my interest in a firm and and clear way.”
“So positive. A difficult situation to manage but communication was excellent throughout and knowledge was brilliant. Very kind approach and always did exactly what she said she would!”
“Mel McCrum took my case and was totally diligent and dealt with the situation in the most professional manner. I am delighted with the outcome and I’m pleased that I used Morr & Co. ”
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Sorry, we do not provide criminal law advice. You may wish to contact your local Citizens Advice Bureau or your local Law Centre, who will be able to help you find support.
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Please note that we are currently only providing this service to our existing clients.
Please select from one of the below options to describe you property dispute further Construction dispute Dispute with a neighbour Landlord or tenant dispute Party Wall issue
You should bear in mind that if your dispute is valued at less than £10,000 you will not be able to recover your legal fees from your opponent. You may wish to consider consulting the Citizens Advice Bureau or your local Law Centre as an alternative.
Please confirm the value of the debt that you wish to recover? Less than £10,000 £10,000 or more
In order to enable us to give you an accurate estimate of our likely costs to advise you, we will need to review the key documents. As a guide, our costs for reviewing the key documents and giving you initial advice are likely to be in the region of £1,750+VAT. Before we can confirm whether we are able to act for you, we need to carry out a conflict check to make sure that we have not previously acted for your opponent. Assuming our conflict check is clear, we will contact you to arrange a time for you to speak to one of our solicitors. Please can you confirm that you still wish to proceed with this enquiry. * Confirm and proceed Cancel enquiry
Our fees for debt recovery work typically start at £1,750 + VAT, so it is unlikely that we would be able to help you on this occasion. You may wish to contact the Citizens Advice Bureau or your local law centre, who may be able to help resolve your issue.
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If your claim relates to an incident that took place more than 4 years ago, you may not be able to bring a claim unless you were under 18 years old at the time. Confirm and proceed Cancel enquiry
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Here are some of the most frequently asked questions about Settlement Agreements.
A settlement agreement (previously called a ‘compromise agreement’) is a legal agreement between you and your employer under which you will give up your rights to bring certain claims against your employer.
Often these agreements are introduced as part of negotiations regarding the termination of your employment, but that is not always the case. It is also possible for you, as the employee, to instigate settlement discussions.
Regardless of the circumstances, it can be a daunting time, especially if you are presented with settlement terms unexpectedly or find yourself in unfamiliar circumstances and are not clear on how to proceed. Even those individuals who are more acquainted with the term ‘settlement agreement’ may find themselves wondering if the deal they are being offered is fair and whether they should sign the agreement.
‘Termination agreement’, ‘severance agreement’, ‘compromise agreement’, ‘exit agreement’ – these are all terms our team of employment solicitors have heard used by people referring to a settlement agreement.
Yes – because in signing the agreement you are waiving your rights to bring tribunal claims you are required to independently obtain legal advice on the terms and effects of doing so.
There are specific legal requirements that need to be complied with to make a settlement agreement valid, but in addition to these, an agreement would usually include mention of outstanding entitlement to notice or pay in lieu notice, any accrued but untaken holiday and compensation or ‘ex gratia’ payment.
There are normally also confidentiality requirements and a range of warranties and indemnities (including those relating to the tax treatment of the payments) which are important and on which you should obtain advice so that you are clear about what you are signing up to.
No. You may be able to negotiate a better deal with your employer and increase the compensation payment.
However, this will depend on factors such as the strength of any potential tribunal claim, the amount of compensation which could be awarded in the event of a successful claim, and how much your employer wants to dispense with your services– sometimes employees are offered a standard settlement agreement on a ‘take it or leave it’ basis.
This will depend on the facts and circumstances of each individual’s situation and the strength of any potential claims they may have. There is also a commercial consideration for the employer who may be keen to avoid incurring the time and expense involved in dealing with internal disputes, prospective litigation or risk to any reputational damage.
If the matter is urgent we can offer same-day appointments. Generally, we can arrange to review the agreement and then arrange to have a call or meeting with you within one or two working days of your first contacting us.
Virtually all employers will contribute towards your legal fees, provided you sign the agreement. Where we negotiate an improved package on your behalf we are also often able to secure an increased contribution towards legal fees to cover the cost of those negotiations.
As an employee, the main benefit of signing a settlement agreement is the lump sum you will receive in return for signing the agreement. In most cases, this is likely to represent a figure significantly in excess of your contractual entitlements such as notice pay, accrued but untaken holiday, and any other pay and benefits in kind up to and including the termination date.
Your employer may also agree to release you from working a notice period or other contractual obligations post-termination.
Provided all the required formalities have been satisfied, then once the settlement agreement is signed, it is considered a legal binding document and you will not be able to change your mind. It is important therefore that you are both clear and sure of your position before you sign.
If you were to act in breach, the company could look to enforce its terms and/or seek damages against you.
It may be possible to vary the terms after it has been signed, but both parties would have to agree and the variation should be recorded in writing and signed.
We would normally advise that as a term of the Settlement Agreement you agree that the employer provide a reference in response to any request from a prospective employer and that the actual terms of the reference are appended to the settlement agreement so that there is no doubt as to what they will provide.
Partner, Head of Department
Employment
Senior Associate Solicitor
Associate Solicitor
Solicitor
30.04.2020
3 min
6 min
08.03.2019
4 min
