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Settlement Agreements

What is a Settlement Agreement?

A settlement agreement is a formal contract concluded between an employer and employee, to compromise an employee’s contractual and statutory claims on the termination of their employment (formerly these documents were known as a compromise agreements).

Settlement Agreements are essentially a way for you and your employer to “part company” on certain agreed terms, without giving rise to a claim against the employer for a breach of the employees’ employment rights.

Under the terms of the agreement, you will set a date for the termination of your employment, and give up your right to bring any claims whatsoever against your employer relating to your employment with them, subject to you receiving suitable compensation in recompense of the loss of your employment rights.

What is the benefit to me?

The compensation paid should be commensurate with the employee’s salary, position within the company and length of service.

Compensation typically is given in the form of an agreed lump sum, ex-gratia payment and further sums can be paid to the employer, for example a payment in lieu of notice, a payment in lieu of any contractual benefits and payment for any accrued but untaken holiday entitlement up to the agreed termination date for the contract of employment.

Can they be used to terminate my employment?

Settlement agreements can be used to terminate your employment, but are also a means of settling an ongoing claim that you are bringing against your employer before a court or Employment Tribunal. Both you and your employer are able to suggest a settlement agreement and to enter into confidential discussions about the proposed terms.

Is a termination agreement the same as a settlment agreement?

Many different names and terms are used for them; termination agreements, compromise agreements, mutually agreed resignation terms, ex-gratia payments and ‘golden goodbyes’. The proper legal term is settlement agreements.

Do I need a Solicitor for a Settlement Agreement?

It is essential that an employee receives independent legal advice from a suitably qualified person before finalising and signing a settlement agreement.

What would it cost and how can I pay for it?

The costs of an employee obtaining advice on a settlement agreement should be met by your employer, and the agreement itself should contain a separate clause making an allowance for you of the costs to seek independent legal advice before committing yourself to entering into the agreement.

How we Laker Legal help?

Here at Laker Legal Solicitors we have experienced Solicitors available in Bath, Lancaster, Preston, Maidstone and Kings Hill along with York who can guide you through the process of entering into a settlement agreement, review the proposed terms and provide you with confidential advice and support. All of which can be carried out without the need to set up a face to face appointment.

Please contact us to discuss your matter further and to see how we can help you.

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What our clients say...

I used the services of Jess and the team at Laker Legal as a first time buyer looking for properties to buy, near and around Bath.

Jess was fantastic, in her communication during the process as well as her knowledge and ability during the conveyancing process. She helped me make informed decisions and ultimately find and purchase a wonderful home near Bath. Jess is adept at spotting potential issues during a purchase that I believe others may not.

She clearly excels at her craft and you will be in safe hands should you use her services too.

Bath.

I can highly recommend John Hirst at Laker Legal solicitors in Lancaster. He was superb from start to finish dealing with a very complex child arrangements case for me. A really decent guy and an excellent family law solicitor who genuinely cares about his clients. John was fully up to speed with my case at all times and we got the outcome we wanted.

Mr B, Kendal

I am very pleased with Laker Legal firm, my Solicitor John Hirst, was extremely helpful throughout the drawing of my prenuptial agreement. A very professional and knowledgeable approach yet warm,and friendly enough to feel comfortable with in a situation that can be quite uncanny to discuss or uneasy as per say. Thankyou again!

Mrs V – London

A devastating event brought us to call on Laker Legal. We were put in touch with Mr John Hirst, and from the first moment we spoke to him we knew everything was going to be ok. Mr John Hirst, was always on the end of the Phone or Email, Kept in touch with us 100% of the time, and the support we received took so much pain off our family. All i can say is Thank you so much for everything you did for us.

Ms P - Maidstone

I highly recommend this firm , Laker solicitor's was there for me from day one with my custody battle for my daughter which I won joint custody .Jessica Leech was amazing she explained everything on point ,wrote great position statements , was brilliant in court and there for me when I needed.

Mr F - Lancaster

Best conveyancing experience ever. After two supposedly good law firms failed to even do the basics post instruction, for nearly 8 weeks, Jess at Laker Legal took on the difficult challenge of overseeing my purchase and completion in record time. Always proactive, very knowledgeable of her subject and extremely good communicator. I never had to chase the firm for anything. They always answered my calls efficiently. I can't praise them enough. What a wonderful experience.

I recommend Jess and would be very happy to use her again in the future.

Mrs A, Lancaster.

Thank you so much Richard, you have been so kind and patient with me when I have been at about the lowest point of my life after losing my wife, I can never thank you enough. I will also let my family know my wishes that Laker Legal Solicitors deal with my estate when that time comes.

Mr Y, Addington, Kent.

A big ‘thank you’ Richard from Steve and myself. Your time and attention you gave to both of us was remarkable. I’ve had dealings with many solicitors over the years, but have never received this level of service as you gave.

Mrs R – West Malling, Kent

Jessica Blacow from Laker Legal Solicitors Lancaster pulled out every stop truly amazing lady / firm nothing was to much trouble I honestly felt like they was my friends not just a firm that wanted your money but a solicitor firm that cared with compassion I will use Laker Legal Solicitors Lancaster for all my needs in the future.

Mr T, Lancaster

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