Settlement agreements can be a useful way to settle all sorts of employment claims. Providing he or she is independently advised, these agreements remove any possibility of a claim by an employee who has been paid off.
These agreements must be drafted in a very specific way in order to ensure that they are binding on the employee. The employee has to receive independent advice before signing and generally the employer will pay a reasonable contribution towards the cost of that advice.
Commencing settlement discussions can be a sensitive matter and if you as an employer initiate them, it is important to do so in such a way that ensures if talks break down, they cannot be used against you. In appropriate cases, employers can benefit from ‘without prejudice’ status or from having a ‘protected conversation’ – although each has its limitations.
We advise on
- When to offer a settlement agreement
- ‘without prejudice’ and ‘protected conversation’ status
- Appropriate terms to propose
- Drafting settlement agreements and negotiating terms
- Compromising tribunal proceedings
Why choose Tozers?
We work with you to understand your needs and desired goals in a cost-effective manner.
We deliver results.
Our team has a wealth of knowledge in employment law and regularly speak to seminars and conferences and well as conducting training on topical issues.