EMPLOYMENT AND SETTLEMENT AGREEMENTS

EMPLOYMENT AND SETTLEMENT AGREEMENTS 1

 

  • Has your employer handed you a Settlement Agreement to part company?
  • Are the Settlement Terms not quite what you expected?
  • Do you need someone to fight your corner to obtain better terms?

You may find yourself in a situation where you are told by your employer that your services are no longer needed as job cuts need to be made (especially in the current climate) or other business-related considerations.  We understand that this can be extremely distressing and, in most instances, come unexpected and we see this quite often from the clients that we have assisted.

Here are some statements that we would like to share from clients about their situations:  

“My employer has suggested that we have a “protected discussion” with a view to bringing my employment to an end”.

“We’ve had a change of management who have got new ideas – I don’t just “fit in” anymore”.

“I feel as though I’m being managed out”.

I’ve been set impossible targets, placed on a performance review, and have been set up to fail”.

“I don’t feel like coming into work anymore – the atmosphere is toxic”.

“My grievance has fallen on deaf ears and management are not interested”.

“I have been bypassed for promotion and training opportunities yet again for no valid reason and I’m sick of it”.

“My sick pay has run out – what happens next?”.

“I am anxious and stressed and no longer want to work here. What can I do?

If the above scenarios are like your situation, you have come to the right place.  We can help you.

So, what is a Settlement Agreement?

A Settlement Agreement is a legal agreement between you and your employer terminating your employment on agreed terms.

What are the features of a Settlement Agreement?

In broad terms, you give up your right to make a claim against your employer to an Employment Tribunal or a Court in return for a “Compensation Payment” or “Termination Payment” for “Loss of Office” (essentially your job).

The Agreement is a lengthy document running into several pages and it will usually deal with such matters such as: –

  • The date that your employment is to end and the reason
  • Payment of your outstanding contractual payments such as notice, holiday, benefits plus the Termination Payment that would be paid by your employer and an agreed reference
  • The claims that are being settled and waived by you in return for the Termination Payment
  • Confidentiality and your employer’s intellectual property
  • Post Termination restrictions
  • Return of Company property
  • Payment of legal fees

(The list is not exhaustive)

What is the process?

  1. You contact us.
  2. We explore the situation with you.
  3. We give you a quick appraisal of how we can assist and how long the matter is likely to last before terms are fully agreed.
  4. We also inform you whether the amount that your employer proposes to pay as a contribution towards your legal fees will be sufficient based on what you tell us.

How long will the process take?

This very much depends on your situation. 

  • If all terms are agreed between you and your employer at the point that you contact us, our legal team will usually be able to turn things around and advise you on the terms and the effect of the agreement on the day that you contact us.
  • If no terms are agreed, or you require us to negotiate improved terms, this is likely to take longer, and will depend upon the view taken by your employer in respect of any counter proposals that are made on your behalf.

Will my employer pay my legal fees if I instruct you?

Yes, for all terms that are agreed between you and your employer, your employer will usually pay for us advising you on the “terms and effect” of the agreement and to get the same executed and finalised. 

However, if no terms are agreed and you require us to negotiate terms then your employer may cap the amount contributed and may not pay any additional legal fees for any in depth advice and analysis that you may require as to the merits of a claim before an Employment Tribunal or the Court, or potential compensation that might be awarded if you issued legal proceedings.

That cost will have to be met by you, although your employer may be prepared to increase its contribution towards your legal fees. 

What can we do for you and where can we add value?

Here are some of the ways that we have assisted our clients:

  • We negotiate increased sums that the employer initially proposes as a Termination Payment.
  • We have also negotiated solid references (which are worth their weight in gold) rather than the bland non-descript references that employers usually provide when you are leaving your employment.
  • We ensure that your employer inserts a clause into the agreement that it is not entitled to make any disparaging comments about you after you leave your employment.
  • We ensure that any “side agreements” documented in emails between you and your employer are contained within the agreement to avoid confusion what was agreed.
  • We ensure that your employer does not try to “sneak in” any clause dealing with post termination restrictions that is wider than your contract of employment.
  • We will tell you whether your employer is being “realistic” about the contribution that it proposes to pay towards your legal fees.

Why should you consider engaging our services?

  • We give you £50.00 cashback on conclusion of your case and after we receive payment of our legal fees from your employer
  • We are an award-winning Law Firm
  • Some of our legal team have “worn your shoes” and have experienced the process that you are going through themselves. We know the importance of negotiating the best financial package for you so that you can leave your employment with your head held high.
  • Our experience enables us to “spot” clauses that should be amended and/or negotiated in your favour.
  • Clients that we have assisted in similar circumstances to yours regularly recommend our services to their friends, families, and professional contacts to navigate them through the process which can often be very stressful.

What should I do next?

If you do require any assistance or even a non-obligatory chat, please do contact a member of our Dispute Resolution Team on:

T: 0116 2999 1999 Option 0

E: info@d-w-s.co.uk

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