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 drafted because it needs to specify exactly which claims are being waived by the individual concerned.
Typically employees will be waiving rights to bring a wrongful and unfair dismissal claim as well as any type of discrimination claim or whistle-blowing against their employer.
It is important in order for the waiver to be effective for the agreement to properly describe the background to the settlement agreement to ensure that it is sufficiently subjective to waive the relevant claims which have arisen.
You can speak with our compromise agreement solicitors for legal advice if you have any questions.
With over 10 years of experience in employment law matters, David Philip Harris specialises in providing legal advice on settlement agreements to both employees and employers throughout the UK. David’s opinion and advice are frequently sought after as he contributes often to BBC Radio Berkshire and the People Management Magazine. David Is a long-standing member of The Employment Lawyers Association and The Law Society.