Are you concerned that an Employee may bring a claim against your Business after they have left your employment?
If you have an Employee who is looking to resign or you want to bring their employment to an end you may want to consider terminating their employment under a settlement agreement. Alternavilty if you are an employee you will need to seek legal advice on the terms of the settlement agreement.
Our Derbyshire based Employment Solicitors can advise you from the outside from when a dispute has arisen to negotiating terms and drafting the agreement. Contact us for further information.
What is a Settlement Agreement?
A Settlement Agreement is a legally binding contract that waves an employees right to make a claim against their employer. The claims must be listed in the agreement which they have agreed to wave. If the agreement does not list the claim then it may be decided that the agreement does not wave that claim. There are however some claims which the Employer cannot wave. Contact us for further details.
What are the requirements of a Settlement Agreement?
The agreement must be in writing and usually, it provides the employee with some form of payment. This is to reflect the fact that they are giving up the right to bring a claim.
The agreement must be voluntary and can be offered at any stage of their employment.
It must be related to a particular complaint or proceedings. The employee must also seek independent legal advice from a solicitor, other qualified legal professional or a certified and authorised member of a trade union. The agreement must identify the adviser.
The independent adviser must have a current contract of insurance of professional indemnity to cover the risk of a claim by the employee in respect of loss arising from the advice given.
How can Lovedays Help?
Our Employment Solicitors regularly advise on settlement agreement from both sides. If you are an Employer who is looking for advice on how to manage an employee then please get in touch.
We can advise from the outside on how best to proceed to limit the risk that an employee brings a claim against your business. We can also negotiate a settlement on your behalf. Our team can then draw up the agreement and ensure that it is properly signed and agreed.
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Why Choose Us?
- Delivering a first class legal service for over 100 years.
- We combine our local knowledge with up-to-date legal practices and technology to ensure that your needs are met and your expectations fulfilled.
- There are no hidden charges with any of the work we carry out for clients.