Settlement Agreement Solicitors
Settlement Agreements come in all shapes and sizes and are offered to employees in a variety of different situations. Our experience as settlement agreement solicitors has taught us that individuals who have been offered a settlement agreement need lawyers who can “see the wood for the trees”, who understand the client’s needs, who focus on the key issues and who get the deal done. That’s us and that’s exactly what we do.
We have offices in York, Leeds & Brighouse but we’re able to advise you wherever you are in Yorkshire or the UK via telephone and/or on-line appointments.
Our approach
Why use Harrington Law?
We’re skilled settlement agreement lawyers and tenacious and effective negotiators. We work hard to understand your objectives in order to ensure that we obtain the best possible outcome and settlement for you. We’ll provide you with an objective perspective on the settlement agreement and the legal issues involved. We’ll also help you evaluate the pros and cons of the proposed agreement, enabling you to make an informed decision about whether to accept it.
What is a settlement agreement?
Settlement Agreements (which used to be known as ‘Compromise Agreements’) are binding and enforceable agreements, intended to prevent individuals from being able to commence legal claims against their existing or former employers.
Employers and employees sometimes enter into them to resolve employment related grievances and disputes. They’re commonly used in employment law to settle disputes such as discrimination claims, harassment claims, unfair and/or wrongful dismissal claims, and other employment-related claims. It’s important to appreciate however that Settlement Agreements can also be used where there’s no actual dispute between the employer and the employee (e.g., where an enhanced redundancy is being proposed).
WHAT TYPES OF CLAUSES TO SETTLEMENT AGREEMENTS CONTAIN?
In a settlement agreement the employer typically agrees to pay a sum of money to the employee in exchange for the employee agreeing to waive their right to pursue legal action against the employer. Settlement agreements also often include additional provisions such as a confidentiality clauses, non-disclosure agreements, and other terms and conditions that the parties agree to.
Our job as settlement agreement solicitors and advisors is to make sure that ultimately the settlement agreement that you’re being asked to sign is fair and reasonable and that none of the clauses go too far and/or are too onerous in terms of their impact upon your ability to find new work and move on with your life.
WHY ARE SETTLEMENT AGREEMENTS USED?
Settlement agreements in employment law are often used as a way to resolve disputes without going through a lengthy and costly legal process. The agreements may be initiated by either the employer or the employee, and both parties must agree to the terms of the settlement agreement for it to be binding.
In addition to resolving disputes, settlement agreements in employment law can also be used to terminate an employment relationship on mutually agreed terms.
It's important to note that settlement agreements in employment law must comply with certain legal requirements, including the requirement that the employee receives independent legal advice from an expert settlement agreement solicitor and employment lawyer before signing the agreement.
Should I enter into a Settlement Agreement with my employer?
There can be no one size fits all approach to settlement agreements. Our own extensive experience as Settlement Agreement Solicitors of successfully representing employees and Senior Executives confirms that entering into a settlement agreement will often lead to a cost-effective and positive outcome. That’s because settlement agreements can be concluded quickly, without the stress, cost and delay encountered with disputes and possible Employment Tribunal cases.
SETTLEMENT AGREEMENT legal advice
Settlement agreements are only legally enforceable and binding if the individual being asked to sign up to one has taken independent legal advice from a settlement agreement solicitor / employment lawyer on the terms and effect of the proposed agreement and also on its effect on their ability to pursue claims in an employment tribunal.
Legal fees
Most settlement agreements contain a clause stating that the employer will agree to pay a capped contribution towards the cost of you taking legal advice in relation to a review of your settlement agreement. Typically, this capped fee will be between £350 and £500 plus VAT.
We’ll be able to confirm at an early stage whether the capped contribution towards legal fees will cover your legal costs or whether your costs are likely to be higher than that amount. Where legal fees are likely to exceed the level of your employer’s proposed contribution, we’re often able to persuade them to pay an increased amount.
Next steps
Negotiations surrounding the termination of your employment can be stressful. We relieve that pressure and work closely with you as your Settlement Agreement Solicitors in order to understand your situation in order to maximise the prospects of you obtaining the best possible outcome.