EMPLOYMENT LAW

Settlement Agreements

Settlement agreements can be a very effective way of resolving a workplace dispute and bringing an employment contract to a mutually acceptable conclusion. Our employment law experts can assist with drawing up settlement agreements that allow a dispute to be finalised amicably.

A settlement agreement is legally binding on both parties and in many cases can be a better solution than a tribunal or court case. It’s essential that the settlement agreement is clear, unequivocal and comprehensive and includes terms and conditions which are agreeable to all.

If you would like to negotiate a Settlement Agreement settlement, or you have received one and would like a legal opinion, we can provide technical advice and assistance.

For more information about our employment law services please call us on +44 (0)20 3475 6751 or email info@carterbond.co.uk

More information about Settlement Agreements

Has your employer offered you a Settlement Agreement? Here are answers to some FAQs about Settlement Agreements from legal experts.

Known in the past as Compromise Agreements, a Settlement Agreement is a contract between an employer and an employee which formally ends their working relationship. Both parties must agree to the terms, and it is often used to agree a payment from the employer in return for the employee agreeing not to pursue a tribunal or other legal action. The phrase “waiver of all claims in full and final settlement” is typically found in Settlement Agreements.

You should not sign a settlement agreement until you are certain you fully understand all the terms and implications. It’s highly advisable to seek legal advice to check that the terms of the agreement are fair and enforceable, and that you’re not being asked to yield statutory rights.

Here are some of the most frequent questions we answer on the subject of settlement agreements:

Q: My employer says he will sack me if I don’t sign the agreement - can they do that?

A: No. It is not legal to use intimidation to coerce an employee into signing a Settlement Agreement. Your employer is able to say that disciplinary proceedings will commence if the Settlement Agreement does not go ahead but this does not extend to confirming your dismissal.

The Acas Code of Practice on Settlement Agreements explicitly states intimidation is not permitted. If this occurs, the clause which binds an employee to the agreement without prejudice will no longer apply.

Q: Do I have to sign the agreement on the spot?

A: No. You must be given sufficient time to consider the offer and to obtain legal advice. The ACAS code specifies you should have a minimum of 10 days to reach a decision.

Q: Are there any rights which can’t be superseded by a Settlement Agreement?

A: Yes. Section 91 of the Pensions Act 1995 ensures that any accrued pension rights are protected (other than in very exceptional circumstances). The agreement should specify that these rights are unaffected.

Q: Does my employer have to offer me a Settlement Agreement if I want to leave?

A: No. Your employer is not under any obligation to offer an agreement. However, if you have grounds to pursue action against them such as discrimination, harassment and bullying, they may be inclined to do so.

For more information about your rights under Settlement Agreements, get in touch with us today.

YOUR EMPLOYMENT LAW TEAM
Howard Lewis-Nunn

Howard Lewis-Nunn

Employment Partner / Barrister

e: howard@carterbond.co.uk
t: +44 020 3475 2713
m: +44 07572 823 361

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Reena Popat

Reena Popat

Managing Partner

e: reena@carterbond.co.uk
t: +44 020 3475 2724 
m: +44 07931 347 854

READ MORE >


HIGHLIGHTS

We have acted for high ranking City executives and settled for a payout of £5m in relation to significant bonus claims

Acted for an associate in the banking sector who was discriminated against because of their background, and settled for a year’s worth of salary and a bonus

WHY CARTER BOND
Partner Led

Unlike many law firms when we say partner or barrister led, we mean partner or barrister led. When clients work with us, they get constant access to the lead on their instruction. Yes, we have a team of solicitors and juniors for some of the groundwork and necessary research required by our clients, but this is when it makes financial sense to the client for us to do this. We provide constant contact at no extra cost as part of our service as most of our lawyers have their own business, so they know first-hand how important having a proactive, responsible and trusted partner on their side can be. And also how to work to a financial budget, and the way that legal decisions impact the wider organisation, which often requires balancing risks and competing interests.

Proactive Contact

Many ask us ‘what’s different about you?’ and we like to reply, ‘because we go the extra mile’. We see our work as building and maintaining good business relationships rather than just earning fees. How we do this is by keeping in constant contact with our clients and intermediaries. From pre to post instruction we ensure that our clients are informed of all legal issues that may impact their business and therefore lives. That is why we provide daily or weekly updates to ALL of our clients whether there is anything to tell them or not (we don’t charge for this we just see it as part of our service). We like our clients to rest peacefully knowing that when we are instructed, and we say ‘we will take it from here’ they know we mean it.

City quality, outer City fees

The world is changing, and many individuals are realising that lifestyle is as vital to them as is income. We are the lucky ones who can hand pick lawyers who can provide the best quality advice but at outer city costs. Our offices are in North West London which may not be the most salubrious in the market but at the same time this allows us to charge our clients for what they pay for, our advice NOT our office space.

ALL our lawyers have previously worked in large city-based law firms and continue to practise and offer  the same high level service  they provided to clients in the City but without the pressure and demands often dictated by City law firm. This allows us to be competitive on our fees without compromising our service.

All in all, our clients win, which is the way we like it.

Our knowledge and resources are yours

All our clients benefit from the same high level of care and attention whether the instruction is big or small. At the outset of each matter, we discuss the entire process with our clients, including the costs, potential outcomes and issues associated. This is to ensure clients are fully aware, knowledgeable and are in control always. Supporting and ensuring we provide the highest level of services, we offer our constant contact process with the partner or barrister leading  your file, a document log in for matters which are for larger and more complicated instructions and on-going support post transaction should our clients require it. Our aim is not just to get the work done, but to make our clients’ lives easier as we do it, which is why we ensure that our clients have regular access to the resources they need from us.

KIND WORDS

“No nonsense approach, commercially astute and pragmatic, a “can do” attitude which sadly I find to be a rare quality in many Solicitors today.”

Shak Inayat, Penn Chambers
Shak Inayat,

“Very thorough and highly competent.”

Harish Hirani, Keylife Financial Services Limited
Harish Hirani,

“Something that could have taken months took days.”

Muks Rabadia, NSC Media
Muks Rabadia,

“They went well over and above.”

Anand Jatania, 8BN
Anand Jatania,

“Detail-orientated and highly knowledgeable.”

Shen Parmar, Jobspec Limited
Shen Parmar,

“In a rapidly changing environment having a proactive team of solicitors is absolutely essential.”

Sebastian Sandler, XUL Architecture Limited
Sebastian Sandler,

“A fantastic company.”

Rikin Kerai, NN Dev Consultancy Ltd
Rikin Kerai,

“They really understand the importance and urgency of the matters they are dealing with.”

Yogesh Gopal, Everglade Windows Limited
Yogesh Gopal,

“They gave me great advice and were able to support me throughout all stages of the transaction. Thank you!”

Suraj Sodha,  WP Maintain Limited
Suraj Sodha,
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For more information, or to discuss your requirements, please contact our team on +44(0) 20 3475 6751 or info@carterbond.co.uk