settlement agreement solicitors in London.
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settlement agreement solicitors in London
As settlement agreement solicitors in London we can provide you with the support you need when it comes to settlement agreements. Settlement agreements are legal contracts. Where there is a settlement agreement between employer and employee the employee gives up their right to bring any legal claims against their employer usually in exchange for payment of compensation and often other benefits such as an agreed reference.
An agreement may be used to end an individual’s employment, although sometimes an employee will continue working for their employer even after signing a settlement agreement. Settlement agreement solicitors can explain all of this to you in very simple terms.
The settlement agreement will set out the terms and conditions each party is accepting and will often include the following as a bare minimum:
- Termination date of employment
- Compensation to be paid to the employee
- Any outstanding holiday which an employee has accrued but not taken which is to be paid out on termination
- Notice pay (whether an employee is being paid in lieu of notice or placed on garden leave)
- Details of any reference that will be given to prospective employers
- Any obligations that an employee will continue to be subject to after their employment ends
Settlement agreements can be quite lengthy, as employers want to make sure they have included all of the necessary terms to try and reduce the risk of an employee subsequently trying to bring a claim. Employers are protecting their legal position.
Not only is signing a settlement agreement usually a much quicker and less stressful way to resolve a dispute with your employer, you can agree terms which an Employment Tribunal does not have the power to award, for instance an agreed reference, agreement to leave without working your notice and so on.
For a settlement agreement to be legally binding, an employee must get independent settlement agreement legal advice before signing it. An employee should be given sufficient time to consider whether or not to sign the agreement (ACAS suggest at least 10 days), and often an employer will contribute towards an employee’s legal fees for obtaining advice although there is no obligation for them to do so. We will tell you everything you need to know before you sign.
At didlaw, we are experienced in advising employees on settlement agreements and have an excellent track record of negotiating improved offers of settlement from employers.
See our CLIENT GUIDE – Settlement Agreements FAQs
Reaffirmation of settlement agreements
If there is a long interval between you signing your settlement agreement and the date your employment officially terminates your employer may need you to reaffirm your settlement agreement. This is essentially a second signing.
For more information see our CLIENT GUIDE – Reaffirmation agreement FAQs
COT3 agreements
If you have a case that is live in the Employment Tribunals you can also settle it by use of a COT3 agreement. To do this you need the participation of Acas. Once a COT3 is concluded Acas will communicate to the Employment Tribunal that the case has settled and can be removed from the tribunal’s listing.
For more information on how COT3’s work see our CLIENT GUIDE – COT3 agreement FAQs
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