Settlement Agreements

If you are in a dispute with your employee, a Settlement Agreement may be an effective, discreet, and cost effective solution. At Taylor Fordyce, our highly specialised employment law team are here to provide practical advice on all types of employment law matter, from minor disputes to complex and high-value litigation.

As an employer, it probably feels like your responsibilities towards your employees are never-ending. However, it is vital not to get things wrong. Our employment law solicitors can support your business when problems with employees arise. Sometimes, disputes are inevitable, no matter how proactive you are nor how engaged your workforce is; how you respond to problems with employees is where your business shows its strength.

A Settlement Agreement, formally known as a Compromise Agreement, is a method of legally ending an employee’s contract of employment and preventing them from bringing Employment Tribunal proceedings. In return, you will usually pay the employee a sum of money, however, this is usually much more cost-effective than going through Employment Tribunal Proceedings.

Settlement Agreements are highly versatile and can be used to resolve all types of disputes, from disagreements over employment contracts to redundancy and dismissal disputes.

For expert advice, tailored to meet the needs of your business, get in touch with our Settlement Agreement solicitors in Winchester, Sunningdale and Alresford or fill in our online enquiry form for a quick response.

Our employment Settlement Agreement solicitors’ expertise

We can assist with drafting and reviewing Settlement Agreements for all types of employment law disputes, including:

  • Employment contract disputes
  • Pay disputes
  • Disputes over restrictive covenants
  • Unfair dismissal, wrongful dismissal and constructive dismissal claims
  • Discrimination, harassment and workplace bullying complaints and claims
  • Restructuring and TUPE (transfer of undertakings) disputes
  • Redundancy disputes

We will draft your Settlement Agreement with your business interests at heart, ensuring that your employee agrees to waive all their legal claims and protecting you from future disputes. We are highly skilled at helping employers negotiate favourable terms amicably and positively, defusing any conflict and minimising the risk of Employment Tribunal proceedings. Your final agreement will be completely watertight and compliant with the strict legal requirements which regulate these types of agreement.

What is a Settlement Agreement?

Formally known as Compromise Agreements, Settlement Agreements are legally binding contracts used to resolve disputes between an employer and an employee. Typically, the Settlement Agreement will formally end the employee’s employment and in return, the employer will agree to pay a sum of money. The employer may also provide the employee with other incentives, such as providing a good reference when they apply for their next job. The employee must also usually agree to waive their right to bring any employment law claims against their employer and to keep the terms of the agreement confidential.

Settlement agreements must be carefully drafted to ensure that they comply with strict legal requirements. For example, the employee must receive independent legal advice before signing the agreement. If a Settlement Agreement is found to be invalid, the employee is still within their rights to make an Employment Tribunal claim. Therefore, the advice of the specialist employment lawyer is essential.

What are the advantages of a Settlement Agreement?

As a business, it is probably not in your financial interests to continue a dispute unnecessarily. As a business owner, you may also want to avoid the acrimonious and stressful process of litigation. Settlement Agreements are an efficient way to Employment Tribunal proceedings, saving you considerable time, cost and stress.

Employment tribunal proceedings also tend to attract negative publicity which could damage your business’s reputation and even prevent you from attracting and retaining the best talent in the future. The advantage of making a Settlement Agreement instead is that the employee will usually be required to sign a confidentiality clause, preventing them from making their grievances public and protecting the integrity of your business.

Additionally, a Settlement Agreement can be used to agree clauses that an Employment Tribunal cannot order. With careful negotiation, it is often possible to find a better resolution than going through the process of litigation.

Get in touch with our Settlement Agreement Solicitors in Hampshire and Berkshire

For expert advice, tailored to meet the needs of your business, get in touch with our Settlement Agreement solicitors in Winchester, Sunningdale and Alresford or fill in our online enquiry form for a quick response.

 

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