Settlement agreement advice

One of the unfortunate effects of the coronavirus pandemic is an increase in redundancies, job terminations and changes to work terms which often lead to settlement agreement offers.

We have four expert lawyers who can help businesses and individuals in these circumstances. Our team has considerable experience in this area  and regularly assists employers and employees across Kent with settlement agreements.

A settlement agreement, originally known as a compromise agreement, is a legal contract between an employer and their employee. It is commonly used when the employer wants the employee to leave the business and avoid them bringing any legal action afterwards.

Employers
Our solicitors can help employers prepare a settlement agreement that will:

• State the terms of departure for the employee
• Normally include a clause whereby the employer will pay a sum of money in consideration for the employee waiving their legal rights and
• Include a clause confirming the legal fees that the employer will contribute towards the employee’s legal costs.

You may be concerned about a wide range of issues such as how to deal with your employee’s future requests for references, post-employment restrictions, confidentiality issues, when they should leave, return of company property, holiday pay and how to retrieve client lists.

We will ensure the contract is worded correctly and complies with employment legislation, so it will be enforceable.

Employees
If you have been given a settlement agreement by your employer you must obtain independent legal advice before agreeing to it, for it to be valid. You will need an independent solicitor to explain the terms of the settlement agreement and how it affects your legal position with your employer and we can help you with this. We can also negotiate the terms of your agreement with your employer. Your employer will usually pay our costs.

Leaving your workplace is likely to feel stressful and we will advise you on your rights in straightforward English so you can choose the best course of action. We can explain the agreement to you over the phone or online, via a video service such as Skype, and can then help you sign and return the agreement electronically. Our lawyers are available for urgent appointments if you would like to talk to us quickly.

Contact us
Contact us on 01843 234000 for initial advice or to make a telephone appointment. Alternatively, you can find the direct dial phone numbers and email addresses for our specialists on our website. Our experts are Andrew Baker, Zaban Matloob and Paul Reeves. Andrew Baker leads our employment law team.