Employment Law - Settlement Agreements
Previously called ‘Compromise Agreements’
At Wildings Solicitors we give expert advice on Settlement Agreements.If your employer has suggested a settlement, you need independent legal advice to ensure the agreement is binding and you know what important legal rights you are giving up when you enter a Settlement Agreement.
Some advisers might view approval as a rubber stamp exercise. We don’t.
Specialists in Employment Settlements
Our lawyers are specialists and members of the Employment Lawyers Association. In a legal market dominated by faceless call centres and driven by high-volume case turnover, we see clients individually and take our responsibility to each client seriously. We’re not in the business of giving half-baked advice. We give direct advice tailored to your personal needs.
How We Can Help
Settlement agreements are an efficient way to resolve disputes, to end a contract of employment cleanly and without acrimony. But there are drawbacks too. It’s crucial to look at the details of what you are being asked to agree to. You should be aware of the following:
- We can offer a free initial consultation.
- Your employer will contribute towards our fee. So you may not have to pay a penny for your advice.
- We are available a short notice.
- We have specialist lawyers with the relevant qualifications and several years’ experience.
- Our team is friendly and approachable and we will carefully listen to you and assess your situation before providing you with general advice on the Agreement so you can make an informed decision.
- We have the advantage of knowing the mindset of employers to enable us strategically obtain the best possible result for you when negotiating on your behalf.
- Should you discover that you are being forced to give up more that you should, Wildings Solicitors has the legal expertise to represent you all the way to the tribunal.
- We can give you general employment law advice if you are unhappy or unsettled in your job.
- We can approach your employer on your behalf with proposed settlement terms.
- We can advise you on an agreement drafted by your employer.
- We can negotiate for improved terms.
If you decide not to sign a settlement agreement and to pursue your possible claims instead, we will ensure claims are submitted within the strict time limits and up-date you regularly on the progress of your matter.
If you would like to find out more about how we can help, please call 0330 333 8797 to talk to n Employment solicitoror email firstname.lastname@example.org.
Our team can deal with the full range of legal services, covering a wide range of issues. We cover:
Once a Settlement Agreement is signed, it’s final. You don’t get a second chance — so getting the details right the first time is critical. At Wildings Solicitors, this is what we do for you.
Leaving a position of employment is never easy. Even if you have been unsettled in your job for some time, and you are eager to leave, you still want to go on the best possible terms.
You might intend to continue working in the same industry and have future dealings with your current employer. Our job is to ensure your value on the job market is protected.
Our team in Birmingham is made up of solicitors who are specialists in employee rights, ideally placed to negotiate the best exit package for you.
Each client has different motivations and priorities. We will advise you of the key aspects of your Settlement Agreement at our initial meeting. Questions we can answer include:
- Does the reason for leaving affect my entitlements?
- Is the amount of money offered appropriate?
- What legal claims am I giving up?
- Who pays the tax and National Insurance?
- Can I discuss the terms with others?
- What happens if my employer does not pay me?
- What is the alternative to a Settlement Agreement?
- Can the Settlement Agreement be referred to in Employment Tribunals and courts?
If you want the agreement to be binding, you must receive independent legal advice. In fact, the final document must contain an advisors certificate to this effect. Some lawyers view this requirement as a formality. However, our specialists take the time to examine every detail of the proposed agreement carefully to satisfy themselves the terms are right for you.
Part of our job is to act as a buffer between you and your employer, removing any pressure you are under to sign the agreement quickly. Even though our costs will usually be paid by your employer, our professional obligation is to you. It’s a duty we take seriously — we happen to believe our clients have the right to expect this.
Each case we negotiate is different but there are several key aspects of every Settlement Agreement. We will ensure the final document:
- States clearly the amount of financial compensation to be paid.
- Provides for holiday pay, remaining salary payments, bonuses, redundancy payments and notice periods.
- Specifies the tax treatment of the lump-sum payment.
- Contains the wording of your reference and contains a ‘non-derogatory’ clause preventing your employer from commenting negatively on your abilities
- Is clear about your ability to work for competitors or take on a similar role.
- States precisely those rights and claims you have agreed to give up.
- Deals with confidentiality while giving you the freedom to explain the reason you left your job to future employers
- Indicates who is responsible for legal costs.
A signed Settlement Agreement has the same legal standing as a decision handed down by an Employment Tribunal. For employees and employers alike, there are definite advantages in stepping back, concentrating minds and reaching a comprehensive Settlement Agreement. At Wildings Solicitors we help employees do this through specialist advice, focused on their specific needs.