It is a legal requirement that you must receive specialist legal advice before signing a settlement agreement. An employment solicitor can advise you on any potential claims so that you fully understand the legal issues and the value of any potential claims. Here are some questions you should consider if you are offered a settlement agreement by your employer.
Does the package reflect loss connected to any claims as well as your terms and conditions?
Once the offer is accepted, there is often an inclusion of a term to waive any rights to bring any claims at an employment tribunal or civil court with some limited exceptions.
Once the agreement is signed, it is highly unlikely you will be able to renegotiate so it is essential to ensure you are happy with the package you are offered. We can help negotiate the best terms possible for you in light of your circumstances.
Does the agreement reflect what you are entitled to?
We can ensure it includes all what you are entitled to including any salary, holiday pay, redundancy pay, notice pay and a suitable payment to compensate you which is often known as an “ex gratia payment” or “settlement payment.”
Do you have any benefits such as private medical insurance, pension, company car etc?
You could negotiate for these benefits to continue to be in effect until new work is found and we can assist with this.
Do you have the benefit of a written reference to stand you in a good position with any new employment?
We can assist in negotiating this and agree upon the terms of any reference.
Does the agreement bring closure to the matter?
Ensure the agreement draws a line under the issue and the employer agrees not to defame you and keep the terms confidential moving forwards.