Settlement Agreements (employers and businesses)

Roberta has extensive experience of drafting and successfully negotiating settlement agreements.

What is a Settlement Agreement?

Under the general law it is possible to settle claims that could be brought by your employees or other individuals without any formality. However, it is only possible to settle statutory claims, such as unfair dismissal or discrimination in limited circumstances and one of these is a settlement agreement.

A settlement agreement is itself a creature of statute and to be valid, it must be in writing, refer to the particular claims being settled and, before the agreement is signed, the individual must have taken independent legal advice from a relevant independent adviser (often a solicitor) as to the terms and effect of the agreement.

What are the benefits?

A settlement agreement is a very useful way of bringing employment to an end on agreed terms. The terms can depend on the objectives you would like to achieve, whether it’s confidentiality or preventing the individual from competing or poaching your remaining staff.

Not only can you achieve certainty about your potential liabilities and costs and closure, the comfort that the individual will not take the matter further but also you can seek to protect your business at the same time.

How Sacaloffs can help

Roberta understands that businesses do not court adverse publicity and that sometimes, the issues can be sensitive.

She is happy to help by:

  • working with you to consider the individual’s contractual entitlements, potential claims
  • working with you to protect your business
  • drafting the agreement
  • negotiating the terms with the individual’s advisers

What we need

  • The employment agreement and relevant paperwork concerning the termination
  • The background information
  • Details of the terms agreed (if that is the case)

What if?

If settlement terms cannot be reached then we can advise you on defending or bringing a claim in the employment tribunal or courts or starting an internal procedure.