(previously known as Compromise Agreements)
A settlement agreement between an employer and an employee can be an effective way of resolving a contractual issue or potential dispute, but can also create legal problems of its own if it is not drafted correctly. At Clough & Willis, we can provide the independent legal advice you need to ensure that any settlement agreements you sign provide certainty and protection.
If your employer has asked you to sign a settlement agreement, the specialist solicitors at Clough & Willis will help you to decipher its legal intricacies, making sure that the terms are favourable to you. We will provide representation every step of the way, answering any questions you may have.
At Clough & Willis, we understand that employment law issues like this can be stressful, which is why our friendly and knowledgeable solicitors pledge to handle your case with the utmost care and diligence, helping you achieve the best possible outcome.
How we can help
At Clough & Willis, we are experts on all aspects of employment law pertaining to settlement agreements. We can provide you with guidance and clarity on the entire legal process, and your rights and responsibilities.
We can help you in the following ways:
- Talking you through the legal stipulations of the settlement agreement, and what the consequences of signing it will be
- Ensuring you understand the legal issues involved in your case, and how the terms of the settlement agreement will affect your ability to pursue a claim against your employer
- Advising on any potential claims that you may have against your employer, including its chances of success
- Offering guidance on whether the compensation that your employer is offering to pay will be adequate for the claims involved
Our legal team has years of experience in helping professionals to understand settlement agreements. With offices in Bolton and Bury, we have worked with clients across the North West and beyond, and will provide you with pragmatic advice on what to do next.
What is a settlement agreement?
A settlement agreement is a legally binding agreement between an employee and an employer. It is used to document the terms that have been agreed between both parties when your contract of employment is terminated, or where your employment is continuing but a dispute needs to be resolved.
Usually, the employer will pay the member of staff a sum of money in return for the employee’s agreement to waive any claims that may otherwise have been pursued in an employment tribunal or court. The agreement is designed to provide certainty for both the employee and the employer: the worker will receive compensation within a fixed period, and the employer will know that they can not bring a claim against them.
However, in cases where the settlement agreements are overly generic and have not been properly tailored to the parties involved, or in cases where the circumstances or legal requirements have not been met, the courts will often rule that the agreement is not enforceable.
Why do I need a solicitor?
In order to use a settlement agreement to settle the claim or claims you have made against your employer, the following criteria must be met:
- The agreement must be in writing
- The agreement must relate to a specific complaint that you have raised
- You must receive independent legal advice, covering the terms and effect of the proposed settlement agreement, including its effect on your ability to continue proceedings before a tribunal
As such, taking advice from a legal professional is considered an essential part of the overall process. This means it is vital to seek out a solicitor as soon as possible to make sure you have received the right information.
Need help right away?
Contact Clough & Willis
If you are looking for employment law advice or representation, speak to the solicitors at Clough & Willis today. With offices in Bury and Bolton, we can help you through the entire process, providing support and guidance at every stage