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Settlement Agreements

While there are many advantages to a settlement agreement if you have been dismissed or made redundant by your employer, it’s important that you don’t sign anything without taking legal advice first.

The attentive employment law experts at Davis Blank Furniss Solicitors will look at the agreement you have been offered and work hard to secure you the best possible deal.

How we can help

For both parties, the appeal of a settlement agreement is that it can resolve any disputes between you reasonably quickly, without the need for complex and expensive legal proceedings. Davis Blank Furniss Solicitors can help ensure that this doesn’t tempt you to sign the first document presented to you.

Depending on the circumstances of your departure, it may be possible to negotiate changes to the settlement agreement that will work in your favour.

For example, your employer may offer financial compensation in exchange for you not making an employment claim against them. While this is often an acceptable compromise, the amount you’re initially offered may be substantially lower than you’re entitled to.

Your agreement also needn’t be limited to financial compensation. You could ask for a reference to be included as part of the deal, in order to ensure your future career can get back on track as quickly as possible.

Crucially, our employment team will review the document and ensure it doesn’t contain any clauses that are not in your best interests.

Settlement Agreements – Consideration for Employees

Employees may find themselves being presented with a Settlement Agreement in a number of scenarios that can arise in the workplace.  Examples of these are: –

  •  Internal re-organisations;
  •  Redundancy procedures;
  •  Perceived under performance;
  •  Conduct matters;
  •  As part of a disciplinary procedure;
  •  As a result of personality clashes; or
  •  As a way of settling a potential dispute.

Regardless of which scenario you find yourself in, it is important that when you receive a Settlement Agreement, or when you find yourself in a meeting involving discussions that could lead to a Settlement Agreement, that you don’t agree to anything at the outset and take legal advice early in the negotiations.

Whilst it is a requirement that you take independent legal advice before a Settlement Agreement can be entered into, it is vital that this is not just a “signing off” exercise by your legal adviser, and they advise you fully as to your particular set of circumstances and any potential claims that you may have which ultimately could increase the financial offer that you should be accepting.

In the majority of scenarios, a Settlement Agreement is a vehicle through which an employer will settle a dispute which has arisen with an employee.  However by entering into a Settlement Agreement, employees will be compromising all the claims they have in relation to their employment or its termination hence the need for legal advice.

It is also an opportunity to ensure that you receive your full entitlement to benefits and consider your special circumstances.  So for example, if your employer provides private medical insurance which would normally come to an end once your employment is terminated, there may be an opportunity to negotiate an extension of medical health cover for a number of month following the termination of your employment to allow you to finish treatment that has already started and covered by that particular insurance policy.

The Employment team at Davis Blank Furniss can review your Settlement Agreements and provide you with all the necessary advice you require in order to make a decision as well as simplifying all the legal jargon that some Settlement Agreements contain.  The Employment team can be contacted on 0161 832 3304.

Get in touch

If you have received a settlement agreement from an employer, the first thing you should do is arrange a meeting with one of our specialist employment solicitors. We'll give you the best possible advice on where to go from here. Call us on 08000 284 396 today to arrange a chat with our team, or let us know about your situation using our online enquiry form and we’ll be in touch.