If you are facing a workplace dispute or your employment is coming to an end, you may be offered a settlement agreement.
This legally binding contract between you and your employer often comes with a financial payment in exchange for waiving certain rights.
It can be difficult to know whether to accept a settlement agreement, as what you sign could impact your ability to pursue new career opportunities.
Our employment law specialist and Associate Solicitor, Kristie Willis, investigates what your rights are and whether it could be the right choice for you.
What is a settlement agreement?
A settlement agreement usually requires an employee to waive their rights to bring claims against their employer, including unfair dismissal or discrimination.
It is a legal requirement to receive independent legal advice before signing a settlement agreement for it to be valid.
Settlement agreements can be used in a variety of situations, including workplace disputes, such as grievances or disciplinary matters, or mutual exits, where both parties agree to part ways.
Redundancy is also a common scenario where you may face a settlement agreement, as this can allow the employment to conclude efficiently and without delay. You should receive an enhanced redundancy payment for entering into the agreement.
However, a settlement agreement is not always planned and can sometimes arise unexpectedly.
For example, you might be called into a meeting and told your role is no longer required. You may even be offered it during an ongoing dispute where Employment Tribunal proceedings are being considered.
You do not need to have started a tribunal claim for a settlement agreement to be proposed.
What is included in a settlement agreement?
Most settlement agreements will contain:
- A termination or compensation payment, often referred to as an ex-gratia payment
- Payment in Lieu of Notice (PILON), where notice is not worked
- An agreed reference, which can be valuable for future job applications
- Confidentiality and non-derogatory comments clauses
- Accrued holiday pay
- Return of company property and agreed exit arrangements
There may also be additional clauses covering Intellectual Property (IP) and post-termination obligations, depending on the seniority of your role or the circumstances.
When is a settlement agreement the right choice?
There is no right answer regarding settlement agreements and they depend entirely on whether the terms are beneficial for you and your career.
Settlement agreements are voluntary and you do not have to accept the first offer made.
You must carefully consider your personal circumstances, the terms being offered and any alternative options available to you. This can be considered alongside your legal adviser, who can discuss the options with you.
A settlement agreement may be the right choice if the financial compensation reflects the value and length of your role, along with your likely loss.
It can also be a good option if you value certainty and a clean break rather than pursuing Employment Tribunal proceedings, which can be time-consuming, costly and stressful.
When could a settlement agreement not be the right choice?
Settlement agreements are not suitable for everyone and you may not wish to go down that route if the financial offer is significantly lower than what you might recover through a legal claim.
It may also be inappropriate if the agreement contains restrictive clauses that could limit your future employment opportunities. Your legal adviser will be able to negotiate the clauses contained in the agreement.
You should never feel pressured to sign an agreement and you should always be given enough time to assess the terms.
With the right legal support, you can avoid being caught out by overcomplicated wording and make an informed decision.
How can we support you during a settlement agreement?
Settlement agreements can feel overwhelming and waiving your rights is a decision you should not take lightly.
Our professional team can help assess whether the terms of your agreement are fair and whether compensation is the most beneficial outcome, or if pursuing a tribunal claim is more suited to your circumstances.
We will also communicate with your employers on your behalf and negotiate improved terms, such as a higher settlement payment or the removal of unreasonable restrictions.
You should never feel pressured into taking a settlement agreement and we are here to support you during the entire process.
For further advice or support, contact our Employment Law team today.
