Settlement Agreements At Tinsdills

Whether you are an employee who has received a settlement agreement from your employer or a business seeking to settle a claim brought against your business by a current or former employee, we have a dedicated team of employment law solicitors to provide sound employment law advice. Our services include:

Defending a Claim
Disciplinary and Grievance
Redundancy and Reorganisation
Restrictive Covenants

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Specialists In Settlement Agreements

Settlement agreements, or compromise agreements (as they were formally known), are legally binding contracts that set out the terms and conditions agreed upon between an employer and employee to end an employment relationship or resolve a dispute or employment claim. The agreement usually involves the employer paying the employee in return for the employee giving up their rights to bring a claim in an employment tribunal.

Any employee can find a settlement agreement daunting, and they will need time to decide what to do next. Whether an employee decides to agree to the terms of the settlement agreement or wishes to negotiate with the employer for a more favourable settlement, we are here to help.

To be legally enforceable, the employee must seek independent legal advice on an employment settlement agreement before signing and entering into it. At Tinsdills, we excel in providing employment law advice. We can discuss the merits of any employment claims the employee may have and help them weigh up the options available to them in a caring and professional manner.

For an employer seeking to offer a settlement of an actual or potential employment claim, we can flexibly assist with the preparation of the settlement agreement and the negotiation of its terms, empowering you to make the best decisions for your business.

We may also be able to offer a reduced rate of fees when we are retained to provide advice on bulk settlement agreements (for example, in the event of large-scale redundancies, whether voluntary or compulsory).

Settlement Agreements Faq's

Do I need to obtain independent legal advice on an employment settlement agreement?

In short, yes. Any employment settlement agreement requires that the employee obtain legal advice independent of the employer. This is to ensure that the employee has fully understood the effects of signing the agreement and to prevent the employer from coercing the employee into signing it.

Do I have to pay for independent legal advice on an employment settlement agreement?

Usually, the employer agrees (as a term of the settlement agreement) to pay the employee’s legal costs for obtaining legal advice before signing the same. The contribution towards the employee’s legal fees is usually capped and will be conditional upon the employee proceeding with the agreement. If the employee decides not to proceed with the settlement agreement, the employer may refuse to pay their legal costs as their obligation, which has not been entered into, will be contained in the agreement. In that case, the employee would be responsible for their own legal costs unless the employer (at its discretion) agrees to pay the employee’s legal fees, notwithstanding that they have not proceeded with the settlement agreement.

Can I still claim if I have signed a settlement agreement?

Generally, once you have entered into a settlement agreement, you will have waived your rights to bring a claim against the employer in the employment tribunal. However, you may still be able to bring certain limited types of claims. These will be set out in the agreement but may include latent personal injuries that you were unaware of at the time and claims relating to work pension schemes. Please speak to one of our dedicated employment law solicitors for more information.