SETTLEMENT AGREEMENT SOLICITORS – MEDWAY TOWNS & KENT
Settlement Agreement expertise: For over a decade, we have specialised in providing expert, independent legal advice focused on Settlement Agreements.
Welcome to Our Settlement Agreement Page
Our Employment Department has a dedicated solicitor, Rob Weston, who specialises in Settlement Agreements for both employees and employers. Bassets offers employment legal advice to residents and workers in the Medway Towns and North Kent.
Covered on this page:
- Why Have I been given a Settlement Agreement – What Should I do?
- Key Features of a Settlement Agreement
- Why do I need a Solicitor?
- Will you negotiate the terms of the Settlement Agreement?
- How long will the process take?
- How much do you charge?
- What to do Next?
If you wish to speak to someone to discuss how we can help with your Settlement Agreement, call our office today on 01634 575464.
SETTLEMENT AGREEMENTS FOR EMPLOYERS
This page is for individuals who have received a Settlement Agreement from their employer. However, we also offer legal advice to local businesses in Medway or Kent. If you run a business and would like advice about using a Settlement Agreement to resolve a dispute or workplace issue, please get in touch.
Why Have I been given a Settlement Agreement – What Should I do?
Businesses often use Settlement Agreements to settle disputes or to end an employment relationship. Offered by employers, this agreement is a contract to resolve situations, such as performance issues, long term ill health, disciplinaries and grievances, redundancies and restructures, employment tribunal proceedings, or to reward “good leavers.”
ACAS advises employers to give employees at least 10 calendar days to consider the terms and seek legal advice. This is good practice guidance only. Some businesses will try to impose short timetables. It is important that you have time to think about the proposed settlement, and what it means. We will support you so that you can make an informed decision.
Key Features of a Settlement Agreement
A Settlement Agreement will prohibit you from taking any legal action against your employer, bring about the end of your employment contract, and impose legally binding restrictions and obligations owed by you.
In return, it is common that you are paid compensation, offered a standard reference, and confidentiality protections.
They usually include clauses dealing with the following:
- Compensation Payment (sometimes called Termination Payments or Ex Gratia Payments)
- Breakdown of contractual pay and benefits (such as salary, notice pay, and accrued holiday)
- Employee obligations and confidentiality restrictions
- Employer obligations and confidentiality restrictions
- Post-termination restrictive covenants
It is crucial that a Settlement Agreement is put in writing, relates to a specific complaint or claim at an employment tribunal or court, and is signed by an independent, insured legal advisor. It must also state that all legal conditions have been satisfied and specifies the legal claims it covers.
Once signed, you must not breach the terms of the contract. Importantly, you will not be able to take your employer to court or a tribunal.
Why do I need a Solicitor?
We are committed to supporting and guiding you throughout the process. Our solicitor will clearly explain all terms in straightforward, simple language, avoiding unnecessary jargon. We aim to support you in making well-informed decisions with confidence.
Once signed, a Settlement Agreement is legally binding. This usually involves you, as the employee, leaving your job and promising not to take any legal action against your employer. Alternatively, if you have already filed a claim, you must withdraw it immediately. It is crucial that you thoroughly understand both the Settlement Agreement and how it affects you.
Furthermore, as a formal and legally binding contract, this agreement requires you to obtain independent legal advice, typically from a solicitor, to ensure its legal validity.
If you wish to speak to someone to discuss how we can help, call our office today on 01634 575464.
Will you negotiate the terms of the Settlement Agreement?
In some cases, employers will offer as little compensation as possible or try to impose unreasonable restrictions after your employment relationship has ended. As mentioned above, this agreement is a legally binding contract. You should only sign it once you are entirely comfortable with its contents.
If you are not happy with the proposed terms, our Team is here to help you. They will discuss whether it is beneficial and in your interests to negotiate the settlement agreement provided, either with improved compensation or amendments to the contractual terms. They will advise you on your options and negotiate on your behalf to achieve the best possible outcome.
Please note that your employer’s contribution does not cover any fees related to our negotiation of improved terms for you.
How long will the process take?
The timescale for completion can vary depending on several factors. These include why the employer is offering the agreement, the complexity of the agreement, and the specific issues the agreement addresses. For more senior employees, these are often more complex and may require additional time and consideration.
If matters are straightforward and you are content with the proposed terms, it is often possible to finalise everything in a single meeting. In these circumstances, the contract can usually be completed within just a few days. On the other hand, should further negotiations be required, the process may take a little longer. We will always keep you informed and work efficiently to progress matters as quickly as possible.
How much do you charge for a Settlement Agreement?
It is common practice for employers to pay a contribution towards your legal fees. Whilst your employer has no legal obligation to make such an offer, it is customary. After all, your employer is hoping that you will give up your rights and job.
To clarify, if the employer’s contribution is less than our fee, you will pay the difference. If you have a draft Settlement Agreement, we can explain our fee structure in more detail when you contact us.
Employer contributions do not cover negotiation (other than on a minimal basis) or later reaffirmation of the agreement.
Our Employment Department
Our Settlement Agreement solicitor is Rob Weston. Rob is a Partner and LLP Member at Bassets and has been with the firm since 2009.
What to do Next?
In the first instance, get in touch with Rob’s secretary, Lorretta, on 01634 575464 or email loretta.mccormick@bassetssolicitors.co.uk
Loretta will arrange a face to face meeting for you. This can be at either our Rochester or Gillingham office.
After arranging the meeting, send a digital copy of the draft Settlement Agreement for review before the meeting
Finally, at the meeting, you will need to bring along any other helpful information, the draft Settlement Agreement and your employment contract. If you have a list of questions you wish to ask, remember to bring these to the meeting as well.
Bassets Solicitors – Settlement Agreement Legal Advice for Medway, Strood, Rochester, Chatham, Gillingham, Rainham, Gravesend, Dartford, Sittingbourne and Maidstone.