You need to be sure that the amount offered by the agreement is fair and that the restrictions imposed on you by the agreement are reasonable
It is very important that you, as an employee, are given proper legal advice on your Settlement Agreement. We will check the amount of compensation being offered and check the wording of the agreement. If necessary we will also negotiate on your behalf in respect of the amounts offered and to correct the wording of the agreement so that it is drafted in your interest.
No cost to you
In most cases the employer will pay our fees. There will be no extra charge to you. At the outset we will be able to advise whether the amount offered by the employer for legal fees is sufficient.
You don't have to visit us.
We find that sometimes people prefer not to have to visit a lawyer's office. We can speak to you on the telephone and the agreement can be posted, faxed or emailed to us. Then after reviewing it we can again consult by telephone.
You don't have to use up your time visiting our office. People consult us about compromise agreements from all over the country.
The terms of the agreement are important. For example a Compromise Agreement may innocently say that the employee is leaving due to retirement. Genuine severance agreements attract tax relief on the first £30000 but payments on retirement are treated as falling within pension scheme tax rules and are chargeable to income tax. However the payment may get the £30000 exemption if the reason for the payment is damages for breach of contract or for severance of employment due to redundancy or loss of office. Care needs to be taken - the best practice is to avoid references to "retirement"
- Speedy advice Usually no cost to you No need to visit us
We are Solicitors with years of experience of advising employees on employment law and on compromise agreements.
Clearly it is best to consult an expert dealing with such agreements all of the time.
We will advise on the agreement without fuss, and you do not have to visit our offices. A brief overview of the law is set out below.
Contact solicitor Tony Wilkinson: 0115 8525813 or at twilkinson@syplaw.com
Settlement Agreements - The law
The law only allows employers and employees to settle pending claims under closely regulated circumstances.However it is possible for the parties to agree the terms under which an employee will leave and if this is done under an agreement known as a compromise agreement the employee is prevented from applying to an Employment Tribunal.
The following conditions must be satisfied
the agreement must be in writing;
the agreement must relate to the particular complaint;
the employee must have received independent legal advice;
the adviser must be covered by an insurance policy covering the risk of a claim for losses because of the advice;
the agreement must state that the conditions regulating compromise agreements are satisfied.
Advising employees on all employment law issues including:-
contracts of employment;
policies on discrimination;
disciplinary issues;
dismissal;
redundancy;
compromise agreements.
We are experienced in:-
negotiating either through ACAS or face to face;
successfully representing clients in the Employment Tribunal;
appeals to the Employment Appeals Tribunal.
Contact 0115 8525813or email twilkinson@syplaw.com
