Settlement Agreements for Employees
Clear, practical advice on your settlement agreement, helping you understand the offer, protect your rights and secure the best possible terms.
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If your employer has offered you a settlement agreement, you may be asked to make important decisions about your employment, finances and future career within a relatively short period of time. Before signing, it is important to understand exactly what you are agreeing to and whether the overall package properly reflects your circumstances.
A settlement agreement is a legally binding agreement that can be used to resolve a workplace dispute or agree the terms on which employment will end. In return for agreed payments or other terms, you will usually agree not to pursue specified legal claims against your employer. Settlement agreements can also sometimes be used without bringing the employment relationship to an end.
Our Employment & HR solicitors advise employees, directors and senior executives on settlement agreements. We can explain the proposed terms, identify issues that require further consideration and, where appropriate, negotiate with your employer to seek an improved financial package or other changes before you sign.
Settlement Agreement Legal Services
We can advise whether you have received an initial offer or already have a draft settlement agreement requiring independent legal advice.
Our services include:
- Reviewing settlement agreements
- Assessing the financial package
- Negotiating improved terms
- Notice and termination payments
- Bonus and commission payments
- Redundancy payments
- Employment references
- Confidentiality clauses & restrictive covenants
- Termination dates and handovers
- Existing employment disputes
- Potential Employment Tribunal claims
Why Instruct DTM Legal?
Signing a settlement agreement usually means giving up your ability to pursue specified Employment Tribunal or court claims against your employer. Independent advice is therefore an important safeguard and is one of the legal requirements for a valid settlement agreement.
Our role goes beyond simply explaining what individual clauses mean. We consider the agreement in the context of what has happened during your employment, your contractual entitlements, the potential legal claims available to you and what you want to achieve from your departure.
Where negotiation is appropriate, our Employment & HR team can deal directly with your employer or their legal advisers on your behalf. Our focus is on helping you reach an outcome that allows you to move forward with clarity while avoiding unnecessary delay, dispute or cost.
We provide:
- Clear explanations of settlement agreement terms
- Advice on the rights and claims you are being asked to waive
- Assessment of financial and non-financial terms
- Strategic settlement negotiations where appropriate
- Advice on notice, holiday, redundancy, bonus and commission payments
- Reviews of confidentiality and restrictive covenant provisions
- Support negotiating references and departure arrangements
- Practical advice focused on your future career and priorities
- Efficient completion where the terms are already acceptable
Get in Touch
If you have been offered a settlement agreement, obtaining independent advice can help you understand what you are giving up, whether the proposed terms are appropriate and whether there may be an opportunity to negotiate a better outcome.
Our Employment & HR solicitors can review your agreement, explain its practical implications and advise on the financial and non-financial terms. Where appropriate, we can also negotiate directly with your employer or their advisers on your behalf.
To discuss your requirements, contact us by emailing employment@dtmlegal.com or calling 01244 354 800 / 0151 321 0000.
Request a Consultation
Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.
Frequently Asked Questions
Commonly asked questions about settlement agreements and the legal support available.
- Do I need a solicitor to sign a settlement agreement?
- Do I have to accept a settlement agreement?
- Can I negotiate the amount offered in a settlement agreement?
- Will my settlement agreement be confidential?
- Will I have to pay tax on my settlement payment?
You must receive advice from a relevant independent adviser for a settlement agreement to be legally valid. The adviser must meet statutory requirements, be appropriately insured and be identified within the agreement. A qualified lawyer can provide this advice.
At DTM Legal, we can explain the terms and effect of the agreement, identify any concerns and advise whether you should consider negotiating changes before signing.
No. A settlement agreement is voluntary and you do not have to accept the terms proposed by your employer. You can also seek to negotiate or make a counter-offer.
Before deciding, it is useful to understand the alternative options available to you and any potential claims you may have if an agreement cannot be reached.
Yes. Settlement terms can be negotiated and the appropriate approach will depend on your circumstances and negotiating position.
We can consider factors such as your contractual entitlements, length of service, the circumstances surrounding the proposed exit and any potential employment claims before advising whether it may be appropriate to seek an improved offer.
Negotiation can also cover non-financial terms, including references, restrictive covenants, confidentiality provisions and the agreed wording surrounding your departure.
Settlement agreements commonly contain confidentiality provisions dealing with matters such as the terms of the agreement, the compensation paid and the circumstances surrounding the employment dispute.
However, confidentiality clauses do not provide an unlimited ability to prevent someone from speaking out. For example, an NDA cannot lawfully prevent whistleblowing or reporting a crime to the police, and there are other circumstances in which restrictions will not be enforceable.
We will explain what the confidentiality provisions in your particular agreement mean before you sign.
It depends on what each payment represents.
Salary, bonuses, commission, holiday pay and payment in lieu of notice are normally subject to tax and National Insurance. Acas states that the first combined £30,000 of qualifying compensation for giving up Tribunal claims and redundancy pay will not usually attract tax or National Insurance, but termination payment taxation can be complex.
We can review how the payments are described in your settlement agreement and highlight issues that require further consideration. Where specialist tax advice is necessary, we will make that clear.
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