Settlement Agreement Solicitor
If a dispute arises at work due to stress, poor health or performance, or you are being made redundant, your employer may offer you a settlement agreement (formerly called a compromise agreement).
You would normally receive an enhanced tax-free payment or other benefits in exchange for agreeing to waiver your legal rights to bring any employment tribunal or court claim against your employer.
Settlement Agreement Requirements and Restrictions
Settlement agreements normally require you to agree to other obligations and restrictions, which are also legally binding. These may include a tax indemnity and various warranties on confidentiality and the making of detrimental and derogatory statements.
You may also be asked to agree to new post-employment restrictive covenants. It is important to get expert advice from a settlement agreement solicitor on these types of restrictions to ensure that you agree to a fair and balanced agreement which you are able to comply with.
Legal Requirement to Obtain Advice from a Settlement Agreement Solicitor
Your employer should advise you to seek advice from an independent settlement agreement solicitor on the terms and effect of this agreement before signing it. It is a legal requirement to obtain this advice, so they will normally contribute a reasonable amount towards your legal fees.
At Doswell Law, we can offer expert legal advice and explain the legal consequences of signing the proposed settlement agreement. In the event that you are not being offered a fair payout, we are able to negotiate directly with your employer to get you an even better deal.
How We Can Help – Settlement Agreement Advice for Employees
Doswell Law has extensive experience in advising employees on settlement agreements. We can provide you with clear advice on the specific terms of the settlement agreement including the taxable status of any payments and benefits and on any claims you may have against your employer. We can also advise you on any relevant post-termination restrictions contained in the settlement agreement or your employment contract.
Help Make Informed Decisions
The decision whether or not to sign your settlement agreement must be yours, and yours alone. However, our aim is always to give you the best possible advice and sufficient information to allow you to make an informed decision.
We can also represent you in any settlement negotiations and ensure that the best possible outcome is achieved for you. If matters cannot be settled, we can represent you in any legal claims you may need to bring against your employer.
Where you are being offered a settlement agreement and your employer is contributing to your legal costs, we guarantee that you will not be charged more than what your employer is prepared to contribute towards those costs for reviewing and advising you on the terms and effect of the agreement.
If extensive negotiations are required, they will normally be charged at our standard hourly rate although we can often negotiate an increase in your employer’s contribution to cover any additional costs incurred. We will always provide you with a clear estimate of any additional charges and will keep you regularly updated.
Offices Near You
We can advise you via Teams, by telephone or at a face-to-face meeting at our offices in Ashford, Maidstone or Canterbury. We also offer out of hours and weekend appointments to help you to obtain early advice and support.
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