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Preston Settlement Agreement Solicitors

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Preston Settlement Agreement Solicitors

Settlement Agreement Solicitors – Preston, Lancashire.

If you’re in the Preston area and have been offered a settlement agreement, we can provide expert specialist advice and help. Go for a fast sign off solicitor advice service (if you’re happy with the deal) with costs are paid by your employer. 

Once signed, a settlement agreement is legally binding. That’s why it’s crucial to have specialist advice from a settlement agreement solicitor in the UK.

What are settlement agreements?

A settlement agreement is a formal agreement between an employer and an employee. The documents used to be called compromise agreements, and they’re covered in the Employment Rights Act 1996. Once the agreement is signed:

  • The employee receives a sum of money
  • The employee agrees not to bring certain legal claims against the employer.

For the settlement agreement to be legally binding it has to comply in certain ways, for example, it must be in writing, and the employee must have received legal advice from a solicitor. That’s crucial because you need to know if the deal is fair and be certain that you don’t want to bring a claim against your employer.  

We can help with Preston based settlement agreements.

We that losing your job or having a dispute at work can feel overwhelming and stressful. However, we have long term experience of helping people reach the best outcomes possible with their settlement agreements. Getting the right advice means we can ensure you are getting the best deal (and negotiate on your behalf if you’re not) and allow you to sign your settlement agreement and move on.

IMPORTANT: The contents of this page are general guidance only and should not therefore be regarded as constituting legal or other advice or recommendations. You are free to instruct any solicitor you wish.

Employment Solicitors in Maidenhead

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Colemans Solicitors – 21 Marlow Road, Maidenhead, Berkshire, SL6 7AA

Bayer Solicitors – First Floor, 5 High Street, Maidenhead, Berkshire, SL6 1JN

IMPORTANT: The contents of this page are general guidance only and should not therefore be regarded as constituting legal or other advice or recommendations. You are free to instruct any solicitor you wish.

Can I bring any claims after I sign a settlement agreement?

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Can I bring any claims after I sign a settlement agreement?

This very much depends on the content of your agreement as, with all legal documents, the devil is always in the detail.

Launched as a simplified version of the compromise agreement, settlement agreements essentially serve as a legally binding contract between you and your employer whereby you agree that you will not pursue any of the specified claims in the agreement.  Care needs to be taken by both the employer and the employee to specify the particular claims that are covered by the agreement.  Once you have signed the agreement and obtained independent advice on its terms, you will be prevented from bringing any of the claims set out in the agreement.  You will not usually be prevented from taking proceedings to enforce the terms of the agreement.

Settlement agreements will often have clauses to cover most types of claim which an employee could bring against their employer arising out of their employment or its termination.  Such claims will typically include:

  • Unfair dismissal
  • Redundancy
  • Any type of discrimination (e.g. sex, race, disability and age discrimination)
  • Any breach of contract
  • Any claims for non-payment of wages, bonuses and commission
  • Any holiday pay claims

The agreements are usually entered into as a full and final settlement of all claims an employee could bring against their employer. However, it is not uncommon for such agreements to exclude claims for personal injury and accrued pension rights.  Furthermore, there are certain claims that cannot be compromised in a settlement agreement, such as certain claims relating to the Transfer of Undertakings Regulations (TUPE) and the whistleblowing legislation.

It is essential to have your agreement reviewed by a specialist employment lawyer who will be able to advise you on the terms of agreement.

IMPORTANT: The contents of this page are for guidance only and do not constitute legal advice. You should consult a solicitor without delay if you require legal advice on a particular employment matter.

Answer by Alan Lewis, head of employment at Linder Myers Solicitors 

Berkshire

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Maindenhead

Reading

Slough

 

 

Can I mention the settlement offer in a tribunal?

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Can I mention the settlement agreement in an employment tribunal if I turn the offer down?

Catherine Wilson, Partner at Thomas Eggar LLP solicitors answers:

Employment tribunals are an acquired and, some would say, expensive taste. It is therefore commonplace for employers and their advisors to seek to negotiate settlements with their departing employees to avoid them.

There is a concern however that if such negotiations break down, and an employee issues a claim in the tribunal, can an employee use the fact of those negotiations as evidence in such proceedings?

Generally the answer is no. Normally such negotiations including draft agreements and related correspondence are marked “without prejudice” to indicate that the employee cannot refer to them in courts and tribunals should negotiations break down and they later bring a claim against their employer. In short, the agreement cannot be used as evidence (whether labelled without prejudice or not) as long as it arose from a genuine attempt to resolve an existing dispute. This means that even where there has been improper behaviour the discussions may remain inadmissible unless there is “unambiguous impropriety” which is a very high bar to cross.

Such communications may however still be disclosed if there is a dispute as to the meaning of the terms of the agreement or, where relevant, as evidence that a legally binding settlement has been reached.

From 29 July 2013 when the relevant provisions of the Enterprise and Regulatory Reform Act 2013 come into effect, pre-termination negotiations will not be able to be referred to in evidence in ordinary unfair dismissal cases, unless their has been “improper behaviour” which is wider than the “unambiguous impropriety” test.

This means that a settlement agreement and surrounding discussions cannot be used as evidence in an unfair dismissal claim at the tribunal whether or not there is a current employment dispute, thereby extending the formal without prejudice rule.

Improper behaviour is not defined, however ACAS has produced a Statutory Code of Practice on Settlement Agreements . This provides a  non-exhaustive list of examples. Where the negotiations form part of a genuine attempt to resolve an existing dispute, both the without prejudice rule and the new pre-termination provisions will apply.

In practice this  means  that offers of settlement including oral and written statements and negotiations are inadmissible (in unfair dismissal cases) regardless of whether there is an existing dispute, unless there is improper behaviour or the claim is one of automatic unfair dismissal, breach of contract or discrimination.

In any event the new provisions operate in addition to the general rule on Without Prejudice conversations. As such if your proposed settlement agreement and the negotiations around it were made in a genuine attempt to resolve an existing dispute with your employer then you cannot refer to them in the tribunal should you turn the offer down, save for the limited exceptions discussed above.

This answer was given on 24 July 2013.

IMPORTANT: The contents of this page are for guidance only and do not constitute legal advice. You should consult a solicitor without delay if you require legal advice on a particular employment matter.

Can you waive privilege arising from protected conversations?

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Can you waive privilege arising from protected conversations?

The Employment Appeal Tribunal has heard its first case concerning the law on protected conversations.Protected conversations have been around since July 2013 following the introduction of an amendment to the Employment Rights Act 1996, specifically section 111A.

Protected conversations were introduced because some employers were hesitant to have sensible conversations for fear saying something that could be used against them in a tribunal.  

Prior to protected conversations being introduced, an employer could have a without prejudice conversation, which could not be used in legal proceedings but only if there was an existing dispute to settle. Employers could not always easily know what amounted to a ‘dispute’ to enable them to engage safely in a without conversation. Protected conversations were in part intended to resolve this perceived problem.

A protected conversation enables an employer and employee to have a conversation about a settlement agreement, normally involving an offer to end the employee’s employment, without the conversation being able to be used by either party in an employment tribunal general unfair dismissal claim. Technically the rules don’t protect a conversation from being used in other types of claim, like discrimination, breach of contract or automatic unfair dismissal.

The Employment Appeal Tribunal Case of Faithorn Farrell Timms LLP v Bailey concerned whether a person can waive privilege arising from a protected conversation. The term ‘privilege’ essentially means ‘inadmissibility’ of the protected conversation (i.e. the rule that it can’t be used in a general unfair dismissal claim).

The Employment Appeal Tribunal decided that (unlike the law on without prejudice conversations, where privilege is capable of being waived i.e. given up, a protected conversation cannot be waived.

Of great interest to employers and Human Resource professionals will be the tribunal’s comment that a protected conversation doesn’t just mean the content of the discussions is inadmissible, it also means the fact the protected conversation has taken place is also inadmissible. The associated internal discussions between managers and HR about a protected conversation could also be protected.

At paragraph 43 of the Judgement, HER HONOUR JUDGE EADY QC, said:

“my focus is on the construction of section 111A, which renders inadmissible “Evidence of … any offer made or discussions held, before the termination of the employment … with a view to it being terminated on terms agreed between the employer and the employee”.  Even approaching this from the starting point that, generally, relevant evidence will be admissible, I am unable to see that the application of this provision is limited to the evidence of the negotiations from those who were directly involved.  It will be fairly common place for a manager to have to report back to a Board, higher management or HR on any such discussions; it would run counter to the purpose of section 111A if evidence of those reports was ruled to be admissible.  Taking the wording of section 111A as the touchstone, the focus has to be on the subject matter of the evidence in question.  If it is properly to be characterised as evidence of an offer or discussions held for the required purpose then (unless rendered admissible by any of the exemptions) it is inadmissible in any claim of unfair dismissal.”

Article dated 5 July 2016

IMPORTANT: The contents of this article are for guidance only and do not amount to legal advice.

Settlement Agreements and Disciplinary Procedures

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Settlement Agreements and Disciplinary Procedures

Disciplinary Procedures and Settlement Agreements

Q: I was asked to attend a disciplinary hearing without any notice or chance to bring a companion. At the end of the meeting I was offered a settlement agreement. I know I’ve not done anything wrong and feel my employer is putting me under undue pressure to take the settlement and leave. Any advice?

You might think disciplinary procedures and settlement agreements don’t mix but sometimes they do.

John Norrie at Gillespie Macandrew LLP answers…

Firstly, and importantly, you don’t have to sign a Settlement Agreement if you don’t want to.  You should only proceed if, having looked at and considered the alternatives, and having taken advice, you conclude that is your best option.

When offering settlement agreements in these circumstances employers are, in effect, offering a package (usually financial) in return for an employee’s agreement to leave and the employee’s agreement not to raise any claims due to losing their job.  The law makes it easy for employers to make these offers “off the record” meaning the fact an offer has been made may well be inadmissible in any future tribunal claims, should things ever get that far.  The exact circumstances in which the offer was made will need to be considered to establish whether the offer has been made in the proper way to make it inadmissible.

In relation to disciplinary action, if you genuinely haven’t done anything wrong you may be in a stronger negotiating position than you think.  Also, when taking disciplinary action it is generally accepted as good practice that employers give you prior written notice of the date and time of any hearing, details of the alleged misconduct, and inform you of your right to be accompanied by a work colleague or union representative.  Any disciplinary action taken thus far may, therefore, be procedurally unfair.

The best way to proceed from here is to consider what will likely happen if you refuse the proposed settlement agreement.  For example, can and will your employer proceed with further disciplinary action; might that ultimately result in your dismissal; might you end up resigning because it all becomes impossible; what legal recourse would you then have e.g. unfair dismissal; how good are the prospects of you winning any such claim at tribunal, how much might that cost and how long might that take?  

To answer these questions, and to properly weigh up your options, you need to take advice from an employment lawyer now.  In any event, it is a legal requirement that you take independent legal advice before signing a settlement agreement, so you should seek advice now while matters are at a critical stage.  

Your lawyer will wish to better understand why things have reached this stage, check whether the recent disciplinary process has been conducted properly and fairly, and gauge whether your employer can lawfully continue with further disciplinary action.  Thereafter your lawyer will help you make the right choice and support you in fighting back.  This may be in the form of helping you fight any further disciplinary action if you wish to stay in your job or, alternatively, negotiating the best possible package should you wish to explore leaving your job.

So, in summary, your employer can only discipline you if you have done something wrong, and they must do so in a fair manner.  You don’t have to sign an agreement if you don’t want to, but you need to find out if it is better than the alternatives.  It’s time to fight back.

Answer given by John Norrie at Gillespie Macandrew LLP on 2 October 2013

 

IMPORTANT: The contents of this page are for guidance only and do not constitute legal advice. You should consult a solicitor without delay if you require legal advice on a particular employment matter.

County Durham

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Hartlepool  I  Darlington  I  Durham  I  Stockton-on-Tees

We don’t have a specialist employment solicitor listed here but one of our panel employment solicitors can help.

Why use our Panel of Employment Solicitors?

  • Advice wherever you are in the UK.
  • No need for a meeting – settlement agreement advice by email and phone.
  • Cost Promise for peace of mind.
  • Qualified Solicitors with specialist employment law expertise

Do I need to a solicitor to sign-off my settlement agreement?

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Do I need to a solicitor to sign-off my settlement agreement?

Yes, it is a legal requirement to take legal advice upon settlement agreements.

Settlement agreements (formerly known as compromise agreements) are legally binding contracts which can be used to end the employment relationship on agreed terms. Their main feature is that they waive an individual’s right to make a claim to a court or employment tribunal on the matters that are specifically covered in the agreement. They usually include some form of payment to the employee by the employer and may also include a reference.

The law states that as an employee or worker you must receive independent legal advice from a qualified lawyer as to the terms and effect of the proposed agreement and, in particular, its effect on your right to take action in the employment tribunal or the courts.

The reason for there being a legal requirement to take advice from a solicitor or other qualified legal advisor is to ensure that you are protected as you are effectively compromising your employment law rights.  Once a settlement agreement has been agreed, you are very unlikely to be able to bring a claim in the employment tribunal.  It is therefore imperative that you have a clear understanding of the rights that you are giving away and to ensure that the sum you are being paid under the agreement is adequate to compensate for this.

Settlement agreements tend to be written in legalistic terms, which require a detailed understanding of the law to be properly understood. Taking advice from a solicitor should also help to avoid employers taking advantage of your situation and seeking to enforce a settlement that may not be in your interests.

The settlement agreement will need to be certified by the solicitor to confirm that you have been advised of your rights and that professional indemnity insurance is in force.

A settlement agreement would not be valid or binding if it were signed without a solicitor or other qualified legal adviser having been instructed to advise you.

Written by Tom Woodward, Consultant Solicitor

Notes and links:
Section 203 Employment Rights Act 1996
The Equality Act 2010 (Amendment) Order 2012 amended section 147 in relation to an employee’s lawyer can be an independent adviser for the purposes of preparing a compromise agreement.
Section 147 Equality Act 2010

IMPORTANT: The contents of this page are for guidance only and do not constitute legal advice. You should consult a solicitor without delay if you require legal advice on a particular employment matter.

Cornwall

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Falmouth  I Newquay  I  St Austell I  Truro

We don’t have a specialist employment solicitor listed here but one of our panel employment solicitors can help.

Why use our Panel of Employment Solicitors?

  • Advice wherever you are in the UK.
  • No need for a meeting – settlement agreement advice by email and phone.
  • Cost Promise for peace of mind.
  • Qualified Solicitors with specialist employment law expertise
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Any guidance, commentary or tips contained on this website is provided for information purposes only and is not intended to be (nor is it) legal advice nor should it be relied upon as legal advice or construed as creating a lawyer-client relationship. You are recommended to seek legal advice from a solicitor on your own particular situation without delay.

© Marchmouse. All of the solicitors listed on this site are qualified solicitors that work for a law firm authorised and regulated by the Solicitors Regulation Authority. All legal services for individuals in relation to settlement agreements are provided by qualified solicitors and members of the Employment Lawyers Association. Settlementagreement.co.uk is operated by Marchmouse Media Limited which is not a firm of solicitors. Use of this website is subject to our policies and terms of use.