Are you an employee and need to learn about the negotiated employee settlement agreement and to get help with a case then read through about what you need to do to help your case.
What is a settlement agreement for your employment?
A Settlement Agreement, formally known as a Compromise Agreement, is a confidential document that will prevent an employee from pursuing their employment rights in return for a financial package.
When will a Settlement Agreement arise?
A Settlement Agreement can arise for a number of reasons, for example, redundancy, absence, disciplinary, grievance, workplace dispute or simply because both the employer and employee would like to part company.
I have been asked to have a protected or “without prejudice” conversation?
We find that it is common in practice for an employer to request a meeting with you on a protected or without prejudice basis. The intention is that you cannot later refer to what is discussed during this meeting. It is a means of facilitating frank discussion without being penalised. Many Settlement Agreements are presented during this kind of meeting and you do not have to enter into a Settlement Agreement.
Why has my employer asked me to see a solicitor?
It is a legal requirement that an employee seeks legal advice in respect of their employment law position from an independent adviser. This is to ensure that you understand your employment rights and also the content of the Settlement Agreement, which can sometimes be complex.
Why have I never heard of a Settlement Agreement?
A Settlement Agreement will usually include a confidentiality clause that will prevent you from discussing the circumstances leading up to it and/or the terms. Depending on the wording of the Settlement Agreement, we would anticipate you being able to disclose it to certain parties, for example, immediate family members or professional advisers (provided that they maintain confidentiality) for the purposes of obtaining advice.
How much will a Settlement agreement cost me or my business?
It is usual for an employer to make a contribution towards your legal fees on the assumption that you enter into the Settlement Agreement. Whether the contribution will cover the full legal fees will depend on the extent of advice required, however, this is something that we would discuss at the start of the matter.
Should I enter into a Settlement Agreement?
It will be for you to decide whether it is the right decision to enter into a Settlement Agreement. We find that it is fairly common in practice for the terms to be amended before it is ultimately signed.