We are specialist settlement agreement solicitors, with extensive expertise and experience over many decades in handling settlement agreements on behalf of both employers and employees.
Our specialist settlement agreement solicitors are members of the Employment Lawyers Association, and are recognized as leading experts in the area of advising upon and drafting settlement agreements.
We have a network of 35 offices throughout the country at which our specialist settlement agreement solicitors can meet client’s in relation to their settlement agreements, including in Manchester, Liverpool, and Wilmslow, Cheshire.
How We Can Help
When the relationship between an employer and employee irretrievably breaks down, one solution is for both parties to enter into a ‘settlement agreement’, and our specialist settlement agreement solicitors can assist you with this process.
What Are Settlement Agreements?
A settlement agreement is a legally binding agreement which allows the employee to receive an agreed tax free lump sum. In return, the employee agrees not to pursue their case to an Employment Tribunal or the civil courts. Moreover, it is also possible to include an agreed reference within the settlement agreement.
A settlement agreement is usually, but not always, drawn up by the employer’s solicitor. To be valid, a settlement agreement must comply with the following requirements:-
- The agreement must be in writing
- The nature of the dispute being settled must be specified within the agreement
- The agreement must include a statement confirming that the conditions governing settlement agreements have been complied with
- The employee must have received independent legal advice on the settlement agreement. This must be from a person who is qualified and insured to provide it, such as their solicitor. The settlement agreement must also identify who that person was. The employer pays the costs involved for the employee taking this advice.
For further information, please go to: what is a settlement agreement?
Standard Terms Within Settlement Agreements
Settlement Agreements usually contain a number of standard terms. Normally, these terms are as follows:-
- That the employer will pay a lump sum as compensation for loss of office
- That the Employee agrees not to pursue legal proceedings in the Employment Tribunal or in the civil courts
- A statement of the fact that the first £30,000.00 of compensation for loss of office can be paid tax free. In return, the employee provides a tax indemnity to the employer in respect of any tax due
- A confidentiality clause relating to trade secrets, and the existence of the Settlement Agreement plus its terms and conditions.
- No derogatory remarks by either party in relation to the other
- Return of employers property by employee
- The position on post termination restrictive covenants is often set out
- That the employer will provide an agreed reference for the employee to prospective future employers, a copy of the agreed wording of which is annexed to the Settlement Agreement
- Confirmation that the employee has received independent legal advice
For further information, please go to: standard terms within settlement agreements.
Specialist Settlement Agreement Solicitors
As a firm of specialist settlement agreement solicitors, we have many years of experience in handling, drafting, and advising upon settlement agreements. Often, the compensation offered is low compared with what you could obtain at an Employment Tribunal. In most cases, we as specialist settlement agreement solicitors, are able to broker an increase in the level of compensation offered, should you wish us to do so.
Settlement Agreement Solicitors: The Costs
If you are an employee who requires independent legal advice on a settlement agreement, then it should cost you absolutely nothing to obtain it as normally your employer will pay the costs for you. That is, usually, the employer will agree to pay the legal costs up to a certain amount and that is normally sufficient to cover our costs. Indeed, we guarantee not to charge you more than what your employer has agreed to pay. Accordingly, we guarantee that you will not have to pay anything yourself personally. We are able to offer this guarantee, as we are able to adapt our service to the budget provided by your employer.
For further information, please go to: The Costs