What is the purpose of a settlement agreement?
Sometimes in a redundancy or dismissal situation, an employer may ask you to sign a settlement agreement. This is an agreement by which you may settle, waive or compromise any claims you may have against your employer. As you are giving up your legal rights, the law requires that you take independent legal advice before signing any settlement agreement.
Whatever the reason is that you have been given a settlement agreement, be it redundancy, facing termination due to poor health or performance issues, or if your employer is completing a general restructuring, we can help you.
Content of the settlement agreement
As well as a settlement payment, settlement agreements often include details about other payments you will receive up to the date of termination, a reference and in some cases they can include an agreed announcement to be made about your departure from your employer.
What are the benefits of a settlement agreement?
You will usually receive a lump sum and up to £30,000 of this could be tax-free and avoid the risk, expense, stress and delay of pursuing a claim in the tribunal.
Everything is confidential. This keeps your reputation intact even if you were facing disciplinary action and an agreed reference will help you find work without the worry of what your employer might otherwise say.
How much will it cost?
Your employer will pay our legal fees for advice on the terms and effect of your settlement agreement.
How can we help with your settlement agreement?
Our lawyers will advise you on the terms and effect of the settlement agreement. We’ll ensure the terms are fair and if you are unhappy with the amount offered, we will negotiate and ensure that you get the best deal possible. Call our employment solicitors today on 0330 056 2182 or complete our contact form opposite.
How can we help you?
How long do I have to make a claim against my employer?
The timescales for making a claim against your employer are strict. In most cases, you must make your claim within three months minus one day from the date of your dismissal or the date of the incident. It is also necessary to comply with pre-claim conciliation.
As the time limits are short, please contact us as soon as possible to get the assistance you need and to avoid missing any deadlines.
What’s the employment claim process?
We understand that employment issues can be distressing, and we are often able to assist clients to resolve their employment dispute without the need to issue proceedings in the Employment Tribunal. We can support you with:
- Advice about a disciplinary process or raising a grievance with your employer
- Advice on any claims you might have, pre-claim conciliation and the amount of compensation you might receive
- Preparing your claim and submitting it to the Employment Tribunal
- Reviewing and advising the response from other party
- Preparing for, and attending, a Preliminary Hearing
- Exchanging documents with the other party and agreeing a bundle of documents
- Preparing bundle of documents and witness statements
- Agreeing a list of issues, a chronology and/or cast list
- Preparation for a Final Hearing, including instructions to Counsel
- Exploring settlement and negotiating settlement throughout the process and during any hearing
How long do employment claims take?
Employment claims can be resolved before the claim is lodged and at any stage in proceedings. If settlement is reached during pre-claim conciliation, then the matter will be resolved within two or three months. If the claim goes to a final hearing, then it could take 12-18 months to complete.
These timescales are estimates and our team will give you consistent updates on how your claim is progressing. We do understand that most employees want an early resolution to proceedings and we will always aim to achieve the settlement you want as soon as possible.
Employment Law FAQs
Didn’t find the answers you were looking for? Look at the FAQs below for more information on our employment law claims process.
You can make an unfair dismissal claim if you've been in continuous employment for at least two years.
Under the terms of the Equality Act 2010, it's your right to claim for unfair dismissal if you've been discriminated against during your employment.
The amount of compensation you could receive for unfair dismissal varies depending on several factors, including the specific circumstances of your case and the jurisdiction in which you are filing the claim.
When assessing the compensation for unfair dismissal, employment tribunals typically consider the following elements:
Basic Award: This is calculated based on your age, length of service, and weekly pay, and it is subject to a statutory cap. The exact calculation formula may differ depending on the jurisdiction.
Loss of Earnings: The tribunal will consider the actual financial loss you suffered as a result of the unfair dismissal. This may include the income you would have earned during the notice period or until you find alternative employment.
Future Losses: In certain cases, if it is determined that you will experience difficulties finding new employment or face a significant reduction in earnings, the tribunal may award compensation to cover future losses.
Benefits and Bonuses: If you lost out on benefits, bonuses, or other entitlements due to the unfair dismissal, the tribunal may consider including these in the compensation.
Each case differs and there is no set amount of compensation you will receive.
Workplace bullying is offensive, intimidating and malicious behaviour that's intended to undermine an individual or group of employees.
If you think you're a victim of workplace bullying, then you should raise this with your employer and bring evidence if possible.
Our hourly rate is £177 + VAT of £35.40.
We have different pricing options: –
- We can offer our service under a Damages Based Agreement – “No Win, No Fee”. If your claim is successful, we will charge you 35% of any compensation received inclusive of VAT.
- We can accept instructions on a private paying basis:
- Simple case – £5,000 + VAT of £1,000 – £7,000 + VAT of £1,400
- Medium complexity case – £7,000 (+ VAT of £1,400) – £12,500 (+ VAT of £2,500)
- High complexity case – £12,500 + VAT of £2,500 – £17,500 + VAT of £3,500
- If you have legal expenses insurance we can work alongside your insurer in line with the terms of the policy.
Counsel’s fees for a hearing could amount to anything as high as £1,500 + VAT of £300 per day.