We are often asked by our clients whether or not an employer can withdraw the offer of a settlement agreement after it has been made. Strictly speaking, the answer is it depends on the process which has been followed by the employer in making the offer of a settlement agreement. Off-the-record conversation – protected conversation … Read more
There is a particular question that often arises when an individual has been offered a settlement agreement. This is whether getting a job after a settlement agreement will be adversely affected by entering into the agreement. The answer is it depends on the wording of the settlement agreement and this is one of the … Read more
It is important to draft a settlement agreement correctly to ensure that the clauses within it are enforceable and that it properly waives individuals rights to pursue a claim in the courts or the employment tribunal. It is not possible to simply print a template and complete the gaps because it is important to … Read more
From the employer’s perspective, the most important clause within a settlement agreement is often the waiver of claims. This clause requires the individual to waive his or her rights to pursue any claims in the employment tribunal arising from their employment or the termination of their employment. The waiver needs to be appropriately … Read more
Settlement agreements are often discussed with employees during without-prejudice conversations sometimes known as protected conversations. The reason for this is that the detail discussed during the conversation if it is without prejudice cannot be disclosed to a court or tribunal in due course. If you have any questions relating to this then speak to a … Read more
The primary difference between COT3 and a settlement agreement is at what point in the employment dispute process they are used. A settlement agreement removes the ability of the employee to make a future claim at the employment tribunal. COT3 is used before employment tribunal proceedings take place. Here are six key distinctions between … Read more
Why have I been offered a settlement agreement from my employer? This is a very common question on most people’s lips at the state when they are offered an agreement by their employer and informed that they should seek legal advice from settlement agreements solicitors. Why a settlement agreement has been offered by … Read more
If you decide not to sign a settlement agreement then you revert to the status quoimmediately prior to the offer. It’s wise to seek legal advice from a UK settlement agreement solicitor to know where you stand. In some cases individuals are offered settlement agreements alongside a process which is being put in place … Read more
Settlement Agreement Advice often get asked what are the most important clauses within a settlement agreement. The answer is that this depends on the circumstances of the individual case. Waiver of future claims clause One of the key clauses is the waiver that employees provide confirming that they will waive their right to pursue any claims … Read more
How much do solicitors charge? An obvious question for anyone who has been offered a settlement agreement is how much will a solicitor charge for advice on the agreement. Almost all settlement agreements refer to a contribution to legal costs detailed within the document. This typically ranges from £250 to £1000 plus VAT. It … Read more
