How we can assist
When you are given a settlement agreement by your employer, you need a solicitor to advise you, because you are giving up your employment rights for compensation.
We can help you to understand the agreement and to ensure you are not losing out on any benefits that you may be entitled to under the settlement agreement or as a result of losing your employment. We can also advise if the settlement agreement is the best option in your circumstances, or whether you should consider a claim to the tribunal.
After we have advised you, we witness your signature, confirm that we have insurance, and provide a certificate confirming that we have the necessary qualifications, and that you have received legal advice on the settlement agreement.
Your Options
An important question is what happens if you do not enter into the Settlement Agreement. We will advise you on your options.
What if I do not wish to sign the settlement agreement I have been given?
The agreement is not binding until it has been signed by you and your employer. It can be withdrawn at any time before you sign. If this happens, there may be some basic payments which your employer may have to pay anyway such as your contractual notice, holiday, expenses and a redundancy payment. But you would not be entitled to any additional compensation payments.
You could then consider whether to bring a claim to the employment tribunal and you would have to take appropriate steps within 3 months of your last date of employment.
Key considerations before bringing a claim for compensation?
There are a number of important factors that you need to weigh up if you are contemplating whether to take legal proceedings instead of entering into the Settlement Agreement:
Litigation always involves a degree of uncertainty.
Consider the cost to bring proceedings? The pricing guide on our website gives you an indication of the level of costs that might be expected from an unfair dismissal or breach of contract claim. Other types of claims might be more complex and expensive. Legal costs are not usually recovered by a successful party in Employment Tribunal litigation, so the cost of the bringing the claim will reduce the net compensation received. If you are unsuccessful, the money you have spent in the proceedings will be lost altogether.
Some insurance policies provide legal cover.
Some solicitors may be willing to act under a contingency fee agreement (‘No Win No Fee’) in return for a large part of your compensation but you still have to meet significant upfront expense for a barrister.
Consider the mental, and physical demands that litigation requires.
Consider the impact of litigation on any new employment, and the fact that your new employment will impact compensation.
If your employer has given you a settlement agreement, contact us on 01279 598008 or email our team on info@andersonbrownesolicitors.co.uk. Alternatively, please complete the contact form for an immediate response. We usually respond within 2-4 hours during business hours (It might take longer during the weekend).
Other Services
Any legal advice that we decide is not directly connected to the settlement agreement, any advice relating to another issue or incident, advice on merits of bringing an employment claim instead of accepting the settlement etc will be charges for at our hourly rate and you will pay for such services in advance.
For example, you may instruct us to re-negotiate on your behalf in an attempt to increase the compensation or correspond with your employer for improved Settlement terms. We will help you identify your key objectives and devise a strategy to pursue them by negotiating for changes.
The re-negotiation of a Settlement Agreement usually focuses on key factors:
- The timing of the termination
- Whether the employee will work for all or part of the notice period
- Whether the employee will receive an improved financial package
- Whether the employee will receive any benefits following termination
- Whether any property e.g. a mobile phone, laptop, personal computer or company vehicle will be transferred to the employee
- Whether the employee will retain shares or share options
- Whether the employee will receive out-placement counselling or other services post–termination
- Whether the employee will be released from restrictive covenants or whether modified covenants will be introduced in the Settlement Agreement
- Whether the employer will increase its contribution to the employee’s legal costs
- If revised terms of settlement are agreed, we will draft or approve the amended terms of the Settlement Agreement
Fees
YOU PAY NOTHING – if you are satisfied with the settlement/compensation figure and only need legal advice on the terms of the settlement agreement.
FIXED/HOURLY FEES APPLY – if you do not sign the settlement agreement after advice or require any other legal services.