One of the most important aspects of any Settlement Agreement is that you will normally be agreeing not to bring certain legal claims against your employer once the agreement has been completed.

Depending upon your circumstances, this could include claims relating to:

• Unfair dismissal.
• Wrongful dismissal.
• Discrimination.
• Harassment.
• Breach of contract.
• Unlawful deductions from wages.
• Redundancy-related claims.
• Whistleblowing.
• Various statutory employment rights.

Exactly which claims are covered will depend upon the wording of your agreement.

Before signing, you should ensure that you understand:

• Which rights you are giving up.
• Which rights remain unaffected.
• Whether the compensation being offered properly reflects your legal position.

An experienced Employment Solicitor can explain these issues in plain English and advise whether the proposed settlement appears fair.

Many employees believe that a Settlement Agreement is presented on a "take it or leave it" basis.

In reality, this is often not the case.

Depending upon your circumstances, it may be possible to negotiate improvements to:

• The compensation payment.
• Notice arrangements.
• Bonus or commission payments.
• Restrictive covenants.
• Confidentiality provisions.
• The wording of your employment reference.
• Your leaving date.
• Other practical arrangements that are important to you.

Whether negotiation is appropriate will depend upon your individual circumstances and your legal position. Your solicitor will advise whether improvements are likely to be achievable and, where appropriate, negotiate on your behalf.

Receiving a Settlement Agreement can be unsettling, particularly if you have been asked to leave work immediately or have been given a relatively short deadline.

However, you should never feel under pressure to sign before understanding the agreement fully.

Taking independent legal advice gives you the opportunity to:

• Understand exactly what the agreement means.
• Ask questions about any clauses you do not understand.
• Consider whether the financial package is fair.
• Explore whether better terms may be negotiated.
• Make an informed decision with confidence.

In many cases, the advice can be provided quickly, allowing matters to progress without unnecessary delay whilst ensuring your legal interests remain protected.

At Pepperells, our specialist Employment Solicitors advise employees and employers on Settlement Agreements every day.

We understand that receiving a Settlement Agreement can be stressful and uncertain. Our role is to make the process straightforward by providing practical, commercially focused advice in clear, uncomplicated language.

We'll explain exactly what the agreement means, answer your questions honestly and, where appropriate, negotiate improvements on your behalf before you sign.

Whether your priority is achieving the best possible financial outcome, protecting your future career or simply obtaining reassurance that the agreement is fair, we're here to help.

If you've received a Settlement Agreement, don't sign it until you've received independent legal advice.

Our experienced Employment Solicitors can review your agreement, explain your legal position and, where appropriate, negotiate improved terms on your behalf.

Speak to a Specialist Solicitor

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