Settlement Agreement Solicitors
Get expert advice for a fair settlement agreement
Has your employer offered you a settlement agreement? Or do you want to negotiate a settlement to avoid an employment claim? Our experts can offer fast, clear advice to ensure you get a fair settlement that respects your employment rights.
Using our years of experience, we can make sure the terms offered are the best possible deal for you. Where a settlement has been offered, there is often room to agree better terms if you have the right legal advice.
At Rollits, our settlement agreement solicitors can offer you:
- Recognition as industry-leading employment lawyers with:
- A wealth of combined experience across the team
- An excellent track record of securing favourable settlement agreements for clients in a wide range of situations
- Confidence that your rights are being vigorously defended
- A sensible, pragmatic approach focused on the outcome you want to achieve, both now and for your future career
- A reputation in the legal industry that stretches back over more than 180 years
- Fixed fees for reviewing settlement agreements (in most cases)
Why choose Rollits
Our team are absolute experts in employment law, so you can be confident they will get to the heart of your situation quickly. This focus allows us to ensure you will get the very best advice for your unique circumstances.
You will find out whether the settlement agreement you have been offered is fair and represents the best value for your situation. Everything will be explained in plain English, with no room for confusion.
We are never satisfied with doing the bare minimum. Our experts won’t simply sign off on a settlement agreement – we will make sure you fully understand all of your rights and options, so you get the best possible outcome.
“When working in partnership with Rollits, as I do for many projects and campaigns, I trust them to give me an honest response on every occasion. They are genuine in their passion for the city, region and its prosperity, and self-interest is always over-shadowed by their desire to prioritise community, and opportunity for the next generation. I feel that Rollits always strive to make a difference on projects and partnerships of all scales.”
“J R Rix & Sons Ltd are a diverse company with business interests that span fuel distribution, manufacturing holiday homes, cars sales and property. Rollits are professional and approachable and we have great confidence in the wide range of legal advice that they have provided us with for many years.”Rory Clarke - Managing Director, J. R. Rix & Sons Ltd
What is a settlement agreement?
A settlement agreement is a legally binding agreement between an employee and their employer. They can be used to settle a claim brought by the employee or to head off a potential claim that the employee might want to raise.
Settlement agreements are commonly used where the employee is leaving or has left a business, but they can also be used where the employee will be continuing their employment.
How the settlement agreement process works
Step 1: Your employer offers a settlement
Usually, settlement agreements are offered proactively by an employer to avoid the risk of a potential employment claim. Commonly, this might be where you are being made redundant or dismissed, or if you have raised a grievance. Alternatively, you might suggest a settlement agreement before making an employment claim.
Step 2: Seeking independent advice
You must receive independent advice, either from an employment lawyer or trained trade union representative, or the agreement will not be legally binding. Normally, your employer will cover some or all of the legal fees for you to receive this advice.
Step 3: Settlement negotiations
If your adviser feels that the agreement represents the best possible deal for your situation, they will recommend signing. Alternatively, they may speak to your employer on your behalf to attempt to agree enhanced terms.
Step 4: Signing the agreement
Assuming mutually acceptable terms can be agreed, you will then sign the agreement. Your employer will then make any payment to you that was specified in the agreement. Once you sign the agreement, you are bound by its terms, including any requirements such as not discussing the terms of the settlement with any third parties.
What happens if you can’t agree a settlement?
If you cannot agree a settlement, then you may need to consider making a claim to an employment tribunal (or court, for matters such as discrimination). You will normally first need to work with Acas (the Advisory, Conciliation and Arbitration Service) to see if you can agree a resolution with your employer through a process known as ‘early conciliation’.
What should a settlement agreement include?
A settlement agreement will normally include:
- An agreement by the employee not to bring a claim for a specific matter
- A financial payment by the employer to the employee
- An agreement by the employee to not disclose the terms of the agreement to any third parties
The agreement may also include other provisions, depending on situation, such as a more general non-disclosure agreement (NDA) or that the employer will provide a reference.
Should I accept a settlement agreement?
This will entirely depend on your circumstances and whether you want your employer to be held to account or would prefer to get the matter over with and move on.
Reasons to accept a settlement include to:
- End your employment on more positive terms
- Avoid being fired (which you might need to disclose to future employers)
- Continue your employment (if you wish to do so and feel this is viable)
- Resolve the dispute faster
- Keep legal costs to a minimum
- Prevent potential negative publicity that could harm your future career
- Secure an agreed reference from your employer (where this can be negotiated)
What is a good settlement agreement?
This will depend on the situation, which is why it is so important to get the right expert advice.
At the minimum, a settlement agreement should include:
- Any payments you are entitled to, such as:
- Outstanding wages
- Payment in lieu of any untaken holiday
- Any bonuses owed
- Statutory redundancy pay (where applicable)
It is also common to be offered payment in lieu of notice, so you do not need to work the notice period set out in your contract, but still receive your wages as if you had.
It may also be possible to agree additional compensation as part of a settlement agreement, especially in cases where you have raised a grievance against your employer.
Do I need a solicitor for a settlement agreement?
For the settlement to be legally binding, you need to take independent advice from a settlement lawyer or an appropriate trade union representative.
The advantage of using a solicitor for a settlement agreement is that they will usually have a broader and deeper understanding of employment law than a trade union rep, so can give confidence that your rights are being respected and you are getting the best possible settlement.
Our settlement agreement fees
A straightforward review of a settlement agreement can usually be completed on a fixed fee basis and your employer will normally fund all or some of the cost. If you need support with settlement negotiations or making an employment claim, we can advise on the likely costs involved.
Please note: We only offer settlement agreement advice on a fee paid basis. We are unable to provide free initial advice, Legal Aid or handle matters on a No Win, No Fee basis. If you have legal expenses insurance, we may be able to represent you if your insurer approves this.
To discuss our fees today, please get in touch using the contact details below. We can offer an accurate estimate of your legal fees based on your circumstances.
Get in touch with our settlement agreement solicitors in Hull and York
To discuss your requirements, please get in touch with our specialist settlement agreement lawyers. From our offices in both Hull and York, we support clients in Yorkshire and the surrounding area, as well as nationally and internationally.