If you need settlement agreement advice Edinburgh we can help. Our team of employment law experts have years of experience in dealing with settlement agreements and negotiations and can help you get the results you need. Contact us today.
A Settlement Agreement is a legally binding agreement that is entered into between an employer and an employee to bring an employment dispute to an end. The agreement will set out the terms of the agreement in writing, where the employee agrees not to bring a claim against their employer in respect of issues named in the agreement, in return for certain conditions – normally a financial sum.
The majority of settlement agreements bring the employment relationship to an end, however this is not always the case. A settlement agreement can merely be used to bring a dispute to an end and you can continue in your employment.
Yes. You can use a settlement agreement to bring a dispute to an end at any stage, even after an Employment Tribunal claim has been raised.
Settlement Agreements are a useful means of bringing an employment dispute to an end, and avoid claims going before an Employment Tribunal. The parties to a settlement agreement can resolve their dispute and agree on the outcome more quickly, and in a more cost-efficient way.
A Settlement Agreement gives both employer and employee certainty. When a settlement agreement is signed the employee gives up their right to bring a claim against their employer in return for consideration – usually, but not always, a cash sum – to compensate them for waving their rights.
If a settlement has been properly executed, it is legally binding on both employer and employee. There are however certain conditions that must be met in order for a settlement agreement to be valid and legally binding.
If you are an employee, a settlement agreement allows you to receive compensation for a dispute that has occurred during the course of your employment. It may also allow you to receive other benefits such as a good reference or favorable contract termination date, minimizing the time you are out of work if your employment relationship is to end. A settlement agreement allows you to bring the dispute to an end without having to take your case to an Employment tribunal which can be costly and time consuming. It can also avoid the risk that the Employment Tribunal does not find in your favour.
Using a settlement agreement to bring a dispute with an employee to an end can be cost effective, and avoid any negative publicity that may come with Employment Tribunal proceedings. When properly drafted, a settlement agreement ensures that the employee cannot later bring a claim, providing a clean break for both parties.
In order for the agreement to become a legally binding one, the employee requires to obtain independent advice about the terms of the agreement and the legal consequences of entering into such an agreement. Given this requirement, it is normal practice that the employer pays the legal fees of the solicitor involved in providing advice to the employee. This will be a term in the agreement itself and the advice provided is entirely independent and in no way affected by the fact that the employer is paying for this advice to the employee.
At Employment Law Edinburgh we advise clients on a daily basis about settlement agreements. If you have received such an agreement then contact us immediately. We will advise you on the terms of the agreement and in particular provide guidance on whether the financial "lump sum" is appropriate . We often return to employers on behalf of our clients to discuss increasing the compensation payable. Please contact us without delay if you have received such an offer.
No matter what your circumstances might be we can advise you on settlement agreements.
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