Legal Advice for Employers

An Employment Tribunal will look closely at how you reached your decision, not just what the decision was. A dismissal can be found unfair even where there were good grounds for it, if the process followed was not reasonable. Before offering a settlement agreement, we’ll help you think through:

• Whether a fair and reasonable process has been followed or needs to be
• Whether the employee has raised any protected disclosures, grievances, or complaints that could complicate a straightforward exit
• Whether a protected conversation or without prejudice discussion is the right way to open the conversation with the employee

Risk Areas We Help You Manage

• Unfair dismissal and constructive dismissal: Advice on exposure where a formal process hasn’t been followed or an employee has resigned citing your conduct
• Discrimination claims: Covering age, disability, gender, pregnancy and maternity, religion or belief and sex discrimination: Claims where compensation is uncapped, so early, well-advised settlement matters
• Whistleblowing: Identifying exposure early where an employee has made a protected disclosure, since dismissal or detriment linked to whistleblowing can also lead to uncapped compensation
• Post-termination restrictions: Reviewing and drafting restrictive covenants so they’re enforceable if a departing employee later needs to be held to them
• Confidentiality, NDAs and reputation management : Appropriate confidentiality clauses that comply with current legal requirements on NDAs in discrimination and harassment cases

A settlement agreement needs to do more than record a payment figure, it needs to properly close down your legal exposure. A well-drafted agreement should address:

• A full and final waiver of all potential claims, tailored to the specific risks in your situation
• Confidentiality and non-disparagement provisions that comply with current legal limits
• Reference wording agreed in advance, to avoid later disputes
• Treatment of notice, holiday pay, bonus and any other contractual entitlements
• Post-termination restrictions, where relevant and their enforceability
• Correct tax treatment of each element of the payment, including any indemnity from the employee
• The employee’s contribution towards their own legal costs and confirmation they’ve received the required independent advice

We see both sides of the table

Our solicitors advise both employers and employees on settlement agreements. That gives us an accurate, current picture of what terms are genuinely standard, where employees’ solicitors typically push back and what will get an agreement signed without unnecessary back-and-forth.

Same-day advice and fast turnaround

In most cases we can turn around advice and a draft agreement the same day it’s needed and see it through to a clear, fixed three-step process so you’re not left waiting on a slow-moving adviser while a situation sits unresolved.

Genuine Employment Tribunal experience

Our solicitors regularly handle tribunal litigation directly, not just settlement paperwork. That means the risk assessment behind your agreement is grounded in what actually happens at tribunal, not a theoretical worst case.

We only recommend what’s actually needed

We won’t pad out a process or manufacture negotiation for its own sake. If a straightforward agreement is the right call, we’ll say so; if there’s real exposure that needs addressing before you offer terms, we’ll flag it clearly.