When an employment relationship terminates, it is crucial that both parties are aware of their legal rights and obligations. Settlement agreements can be used in a wide variety of situations to terminate the employment relationship and will normally require the employee to waive all possible claims against the employer in exchange for an enhanced financial package. Initial discussions relating to the offer of a settlement agreement will usually be inadmissible provided the employer complies with minimum legal requirements.
To be legally enforceable a settlement agreement must require the employee to obtain independent legal advice on its terms.
We can advise employers and employees on all aspects of the settlement agreement process including the initial offer stage, drafting the settlement agreement and advising upon the terms. Where negotiation on the terms of a settlement agreement is required, we can deal with the negotiations on your behalf to ensure a fair settlement is reached.
Where a business is planning on making a number of employees redundant, they may offer settlement agreement terms. We can advise both employers and employees on large scale settlement agreement programmes. Where engaged to advise employee groups, we can consult with employee representatives and employers on standard terms being offered to minimise individual negotiations and can attend the place of work to conduct individual consultation meetings. This ensures a consistent level of advice and a streamlining of the process. We have advised on large scale settlement agreement programmes for employees of large companies across Hertfordshire, Essex and Thames Valley involving groups of 10-150+ employees.