Personal Solictiors
Settlement Agreements

Need advice on Settlement Agreements?

What we do
Help with Settlement Agreements

Given that these agreements require careful consideration and advice, please get in touch with our experienced team, who will guide you through the process when you are leaving your employer, from redundancy to dismissal

Settlement agreements are used by employers and employees to bring an end to the contractual relationship on terms  agreed by both parties.  Any agreement not resolved through a Conciliation Officer at ACAS will need to be concluded by a settlement agreement (and it should be noted that special rules about termination payments apply to employees in the public sector).

The benefits of reaching and recording terms in a settlement agreement include the prevention of the parties  bringing or continuing a claim in a Tribunal or a Court.

The main point of a settlement agreement is often to bring a tidy end to a contractual dispute or, just as often, redundancy.  If the form of the settlement agreement meets the prescribed  statutory conditions, then the parties can contract out of the statutory rights. A Tribunal also has the power to determine whether a payment made under an agreement meets the statutory requirements.

Needless to say, there is a long list of complaints capable of settlement.  However, it is not possible for an employee to contract out of a right to the statutory minimum notice, equal treatment if an agency worker, statutory paternity, maternity and adoption pay, pension rights and any personal injury claims that have not yet arisen.

It goes without saying that settlement agreements should be made to measure, but they can also include future claims not then known to an employee, but the terms of the agreement must be clear and straightforward when identifying a potential claim.  Generally, three types of claim cannot be prevented, including the right to enforce pension rights, certain personal injury claims and of course the agreement itself.

A settlement agreement will include provision for advice to be given (by a “relevant independent advisor”).  The advice should, in each case, relate to the ability of the employee to pursue a claim or claims in the Tribunal in the future.

Settlement agreements can of course be enforced before a Tribunal as a contract claim, or separately in a claim before the Courts.  Settlement agreements here can include COT3 agreements as well.  This enforceability applies to settlement agreements entered into before the termination of the contract.  If entered into after termination, any claim would have to be brought in the civil Courts.

Need help

We offer legal advice for all your Settlement Agreements needs. If you would like to contact us or book a consultation with a member of our team please fill in the 'Make an Enquiry' form or call us on 01795 472291 or email enquiries@jarmans-solicitors.co.uk for a no obligation discussion and let us resolve your legal issue.

Make an Enquiry
By filling out this form, you agree to the terms laid out in our privacy policy
Thank you!
Your submission has been received, one of our team members will be in touch soon.
Oops! Something went wrong while submitting the form.
testimonials

How We've Helped People

Thank you again for your help with my family matter, it was dealt with professionally and in a timely manner that helped push things along quicker so I could spend time with my children over the Christmas period.

SR

Chris took the time to explain several items and offered some very good advice. I will definitely use them again.

AF
Read More
news sign up

Keep Up To Date

By filling out this form, you agree to the terms laid out in our privacy policy
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Google Maps Generator by embedgooglemap.net
Location

How to Find Us

Jarmans Solicitors Second Floor,
Bell House, Bell Road,
Sittingbourne, Kent,
ME10 4DH.

Ask a Question
Find us on Google Maps
Ask a Question