How settlement agreements work
Settlement agreements are contracts between an employer and employee (or former employee) where the employee agrees not to pursue legal action over a specific matter, normally in return for a one-off payment. The agreement can also include other provisions, such as for the return of the employer’s property that the employee is in possession of and a contribution towards the employee’s legal fees.
Settlement agreements (which replace the formerly used ‘compromise agreements’) are an increasingly popular way to resolve employment disputes and are frequently used when an employer needs to terminate a person’s employment. They can also be used for wide range of other employment disputes, including those involving discrimination and workplace harassment.
Contents of a settlement agreement
Exactly what is included in a settlement agreement will depend on the circumstances and needs of the employer and employee. Typical provisions an agreement may include are:
- Compensation for loss of employment
- A waiver of claims by the employee (i.e. agreeing not to take specific issues to an employment tribunal)
- A warranty that the employee has no potential claims against the employer other than the ones listed
- A contribution to the employee’s legal fees
- Confirmation or amendments to existing restrictive covenants signed by the employee
- An agreement that the employee will return any of the employer’s property in their possession
- Indemnity from tax and National Insurance contributions for the employee in relation to the agreed settlement
- An agreement by the employee not to use or share any of the employer’s confidential information or publically make any negative comments about the employer
Making a settlement agreement legally binding
A settlement agreement will only be considered legally binding on both parties if:
- It is in writing
- It covers a specific complaint or complaints
- The employee has independent advice from a lawyer or certified, authorised trade union member before signing
- The employee’s adviser has appropriate insurance or professional indemnity cover
- The employee’s adviser is named in the agreement
- The employee is given reasonable time to consider the agreement (the Acas Code of Practice recommends a minimum of 10 days)
- The relevant statutory conditions regulating the agreement are stated
How are settlement agreements different to compromise agreements?
Settlement agreements replaced compromise agreements in July 2013 and offer broadly the same benefits. However, settlement agreements are intended to promote pre-termination negotiations between employers and employees, allowing a settlement to be reached before an employee leaves a business, saving time, money and uncertainty for both parties.
Do you pay tax on a settlement agreement?
There is normally no income tax or National Insurance due on payments up to a value of £30,000 made as part of a settlement agreement. This does depends on the circumstances, however, so it is important to discuss this with your solicitor when considering a settlement offer.
Why are settlement agreements used during redundancy?
Settlement agreements are commonly used during redundancy proceedings to protect the employer from the potential for dispute over how the redundancy process was carried out.
What types of employment disputes can you use a settlement agreement for?
A settlement agreement can be used to resolve most types of employment disputes, including those related to:
- Unfair dismissal
- Whistleblowing
- Discrimination
- Victimisation
- Harassment
- Equal pay.
However, there are certain types of statutory claims that cannot be settled by entering into a settlement agreement. This may include:
- Potential personal injury claims
- Failure to properly inform and consult employees in relation to collective redundancies and TUPE regulations
Can my employer make me sign a settlement agreement?
No, a settlement agreement must be entered into voluntarily by both parties and the employee must have independent legal advice and reasonable time to consider the agreement. You should therefore not be pressured into signing the agreement by your employer or former employer.
However, it will often be in your best interest to sign a settlement agreement (after taking appropriate legal advice and time to consider) as this can save you the time, stress and costs associated with taking the matter to an employment tribunal and it will provide certainty over the outcome, rather than leaving the matter in the hands of a tribunal.
Why choose Franklins Solicitors for your employment dispute?
Franklins Solicitors has been helping both employers and employees to resolve employment disputes for over 35 years, giving us extensive experience of all the common and not so common issues that can arise.
This experience means our employment lawyers in Milton Keynes can offer a tried and tested approach to allow you to resolve your employment dispute as quickly and cost-effectively as possible, whether with a settlement agreement or through an Employment Tribunal where appropriate.
With more than 100 staff spread across our two offices in Milton Keynes and Northampton, we have a wide range of skills and expertise to call on, no matter what the situation requires. By embracing the latest technology, we are able to offer a highly accessible, convenient modern legal service tailored to your needs, meaning we provide excellence as standard, not as an exception.
We are Lexcel accredited by the Law Society in recognition of the strength of our practice management and client care. We are regulated by the Solicitors Regulation Authority (SRA), providing assurance that we continually meet the highest legal and professional standards at all times.
Get in touch with our settlement agreement solicitors in Milton Keynes
For pragmatic, commercially-focused advice and representation to resolve your employment disputes, please get in touch with us today.