A settlement agreement can provide a fast, cost-effective option for resolving existing employment disputes or avoiding potential future disputes. They are commonly used during redundancy proceedings and other kinds of terminations, but can be highly effective for a wide range of employment disputes.
Franklins’ expert employment law solicitors are highly experienced in representing both employers and employees in settlement negotiations, creating and reviewing settlement agreements to ensure both parties’ interests are protected. With our expertise and skilled advocacy, we can help find a solution that works for everyone under even the most difficult circumstances.
A key benefit of a settlement agreement is that it allows both parties to avoid the need for an Employment Tribunal, meaning the matter is kept private and any uncertainty over the outcome is side-stepped. Voluntarily agreeing a settlement is also usually faster, cheaper and less stressful for everyone involved.
Our settlement agreement solicitors have particular expertise in non-confrontational dispute resolution, including mediation and negotiation. This allows us to defuse any potential conflict and encourage both sides to see the benefits of a negotiated settlement. That way you can move on quickly while preserving a positive relationship where this is considered advantageous.
Whether you are currently involved in an employment dispute, or are concerned about avoiding a possible future dispute, our employment dispute resolution solicitors can give you the expert advice and guidance you need to achieve a positive outcome.
If you need a settlement agreement solicitor to resolve an employment dispute, we can help.
How settlement agreements can be used to resolve employment disputes
A settlement agreement is a written agreement between an employer and employee (or former employee) in which the employee agrees they will not refer a specific matter or matters to an Employment Tribunal, normally in exchange for a one-off cash payment and/or other concessions from the employer.
Acting as a replacement for the formerly used ‘compromise agreements’, settlement agreements are a popular way to deal with both ongoing employment disputes and potential future employment disputes surrounding employee terminations. However, they are also used for various other types of employment issues, including those related to discrimination and workplace harassment.
What should a settlement agreement contain?
The specific contents of a settlement agreement will depend on the situation and the requirements of both the employer and the employee. Typically a settlement agreement will include details such as:
- Compensation for termination of employment
- The employee’s agreement not to refer specific issues to an employment tribunal (i.e. a ‘waiver of claims’)
- The employee’s warranty that they have no other potential claims against the employer than those listed in the agreement
- A contribution towards the employee’s legal costs
- Reiteration of, or amendments to, any pre-existing restrictive covenants the employee entered into with the employer during their employment
- An agreement by the employee to return any property in their possession belonging to the employer
- Indemnity from employee tax and National Insurance contributions in relation to the agreed financial settlement
- The employee agreeing not to use or share any confidential information relating to the employer or to offer any public criticism of the employer
How to ensure a settlement agreement is legally binding
For a settlement agreement to be considered legally binding it must:
- Be in writing
- Relate to a specific complaint or complaints
- Only be signed by the employee once they have had access to independent advice from a lawyer or certified, authorised trade union (this adviser must have appropriate insurance or professional indemnity cover)
- Name the employee’s adviser
- Allow the employee reasonable time to consider the agreement before they sign (the Acas Code of Practice recommends a minimum of 10 days)
- State the relevant statutory conditions regulating the agreement
Why choose Franklins Solicitors for your employment dispute?
Franklins Solicitors has a strong track record of helping employers and employees to resolve employment disputes, with an exceptional reputation established over more than 40 years. As a result of our extensive experience, our employment lawyers in the UK can provide a tried and tested approach to help resolve your employment dispute faster and at lower cost to both parties.
A settlement agreement can provide a fast, cost-effective option for resolving existing employment disputes or avoiding potential future disputes. They are commonly used during redundancy proceedings and other kinds of terminations, but can be highly effective for a wide range of employment disputes.
Where a settlement agreement cannot be reached or is not appropriate, we also have the experience to ensure you have the best possible representation at an Employment Tribunal.
We combine the latest technology with the highest levels of legal expertise, offering an accessible, convenient modern legal service to match your needs, wherever you are in the UK.
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