Do I Need a Solicitor for a Settlement Agreement?

Anita North
Author:
Anita North
National Head of Employment
Date:
09/12/2021

If your employer has offered you a Settlement Agreement, you need to get independent legal advice to make the agreement valid.

A Settlement Agreement is a legal contract between you and your employer that means you can’t bring a claim against them, so they may pay for you to get the legal advice you need.

If you don’t want to agree to the terms of the agreement your employer is offering to you, our Employment Solicitors can negotiate on your behalf to see if we can get you a better deal.

Settlement Agreements include a lot of complex terms and conditions and your employer will get expert legal advice, so you should too. We offer a reliable and prompt service and can be available whenever you need us to.

Call us on 0808 258 3531 or request a callback

How Much Should I Expect in a Settlement Agreement?

This will really depend on your situation, how much you earnt and your employer, but you could receive two or three months’ salary.

It’s important to know that you don’t have to settle if you’re not happy, and you can negotiate with your employer without having to take your issues to the Employment Tribunal. Discussions with your employer should take place on a ‘without prejudice’ basis, with a view to agreeing a settlement without admission of liability.

It may seem daunting bargaining for a better deal, especially if negotiation isn’t your strong suit or you don’t understand all the legal implications of your Settlement Agreement. But that’s where we can help.

Can I Ask For a Settlement Agreement?

Employers are normally the ones to offer a Settlement Agreement, but if you feel like you’re almost being managed out of the company there is no harm in requesting one yourself.

If you feel you could be within your rights to make a claim against your employer, you could explain to them that you’re going to avoid making a claim if they offer you a Settlement Agreement instead.

Before you request a Settlement Agreement, it is vital that you get advice from an Employment Law expert to be certain you could make a claim if your employer says no to your request.

If your employer does say no, we can help you understand your next steps.

Who Can Advise on a Settlement Agreement?

Your employer will usually pay for you to get independent legal advice, which could be from a lawyer, an advice worker or a trade union rep. Whoever they choose should be qualified to advise on Settlement Agreements, but that doesn’t mean they can offer you the best expert legal advice you need.

You can seek your own advice and if your situation is complicated or you want to negotiate, you might want to speak to someone not sought out by your employer.

Our expert Employment Law Solicitors can advise you on:

  • Whether you have the grounds to make a claim
  • How your claim might go in front of the Employment Tribunal and if making a claim would be worth your time and money
  • Whether a Settlement Agreement is the best course of action for you
  • How much you should request in your Settlement Agreement and how to negotiate a better deal

These things are often tricky and situational, which is why our Employment Solicitors offer a personalised service with advice tailored to you. Get in touch today.

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