Employment can get complicated, especially when there has been a breach of contract. Settlement agreements can be offered in the UK, which can be even more complex if you don’t have much or any knowledge dealing with them. Instead of getting confused and caught up in a whirlwind of legal terms, seek advice from a trusted source. Here at Beeston Shenton Solicitors, we’ve put together a handy guide of what you need to know to help you make an informed decision.
What Is A Settlement Agreement?
A settlement agreement is a legal contract between employer and employee. This is put into place when you have a complaint raised against your employer which may go to a tribunal. Alternatively, they can also make an appearance when an employment contract is ending. Settlement agreements can involve a promise to be paid a sum of money, a promise for fairer treatment, both, or something similar. Employers usually want to keep this confidential.
Things To Consider…
If you have been offered a settlement agreement, there are plenty of things to consider before agreeing to sign.
Rights…
If you sign a settlement agreement, you’ll be losing your right to be able to go to an employment tribunal. However, you don’t have to agree to a settlement, instead you can choose to go to a tribunal instead so don’t feel forced into agreeing to something you don’t want to. It’s important to know your rights.
Legal Advice…
Before agreeing to a settlement, you legally must receive independent legal advice for the settlement agreement to be valid. If you don’t, the agreement won’t be legally binding and you can still take your employer to a tribunal. Often, your employer will offer to pay for this legal advice to prevent a tribunal from occurring.
If you are unsure of how much your case is worth, or have any questions, you should get legal advice from a local solicitor before agreeing to anything. This way, you can be a lot more confident in what you are agreeing to.
Evidence…
Before you seek advice, ensure that you have as much evidence to hand as possible to support your case. Keep things like your employment contract, copies of emails regarding settling the dispute and the date the dispute started. The more evidence you have, the better to help you get the most out of your claim.
Considering An Offer…
When you’ve received an offer from your company, you need to consider your options and if you’re going to go ahead with the settlement agreement or not. You should think about if the offer is reasonable and if you’d get much more out of taking it to a tribunal should you win. You should also consider whether the stress of taking it to a tribunal is worth it.
Look no further for a solicitor to discuss your settlement agreement with. Our employment law team here at Beeston Shenton Solicitors are here to help you. You can contact us for more information here.
