There are times when an employee may have claims against an employer. These claims can arise during recruitment, during employment or on termination. An employer in some instances will wish to make a payment to an employee to effectively waive claims they may have against an employer save for some exceptions.
A settlement agreement is most common where employment Is about to terminate or has terminated. This can either be an employee resigning due to the employer’s conduct or enhanced terms being offered by an employer due to redundancy.
An employer may make an offer to an employee within a protected discussion. An agreement would also be provided if an employee is interested in agreeing terms.
One of the requirements for an agreement to be valid is that you must have independent legal advice as to the agreement and the effect it will have on you to be able to pursue claims against your employer at a Tribunal or Court. Your employer will pay a contribution towards your legal fees, often this will cover the entire fee.
It is important that an agreement is reviewed carefully so that your rights are protected as much as possible.
We will often ensure that claims which should be excluded from any such agreement are dealt with appropriately. We will often have to negotiate restrictive covenants in which an employee is restricted with where they can work in the future and the types of clients they can work with. We are also able to, in some instances, negotiate a better settlement for an employee if appropriate to do so.
I have received my settlement agreement and require assistance, what do I do next?
At Manak Solicitors, we ensure that we deal with matters efficiently using the latest technology and ensuring our client’s receive helpful advice. We are often able to complete agreements on the same day as being instructed.
To instruct us
- Call 01689 870 769 or use the Employment Contact Form.
- We can offer you a face-to-face meeting, zoom or Skype meeting.
- If there are drafting issues with the agreement, we will resolve them for you directly with your employer.
- We use electronic software which allows you to sign the document without having to print, scan or post documents at a click of a button on your mobile telephone or computer. Alternatively, you can sign your agreement in any one of our offices.
- We will invoice your employer directly for our fees. Our fees to advise you on the agreement will never exceed the employer’s contribution to your fees.