Employment
What We Handle
Offered an Agreement?
Being offered a Settlement Agreement often comes unexpectedly and may leave you with important decisions to make in a short period of time. Before signing, it is important to understand the financial arrangements, the legal rights you may be giving up and any continuing obligations contained within the agreement.
You've Probably Never Seen One Before
Most employees have never seen a Settlement Agreement before. Our role is to explain the document clearly, answer your questions and ensure you understand both the immediate and longer-term implications before deciding whether to sign.
Understanding What You're Signing
We review the Settlement Agreement and any accompanying documentation before meeting with you to discuss its contents. We explain what rights you are being asked to waive, the obligations that will continue after your employment ends and whether there are any terms you may wish to discuss further with your employer. If changes are appropriate, we negotiate on your behalf before completing the legal advice required to finalise the agreement.
Ending Employment by Agreement
Settlement Agreements allow employers to bring employment relationships to an agreed conclusion with clarity and certainty. Careful preparation helps ensure the agreement reflects what has been negotiated whilst supporting a professional and constructive process for everyone involved.
Handling It Well, Not Just Correctly
Bringing employment to an end requires careful handling as well as accurate legal documentation. We help employers prepare Settlement Agreements that clearly record the agreed terms whilst supporting a fair and efficient process from beginning to end.
Preparing the Documentation
We discuss the circumstances leading to the proposed agreement before preparing or reviewing the documentation. We advise on the practical implications of the terms being offered, liaise with the employee's solicitor where required and make any amendments necessary before the agreement is completed. Throughout the matter we keep the process moving whilst ensuring the documentation reflects the agreed outcome.
No Two Agreements Are the Same
Although many Settlement Agreements follow a similar structure, the terms can differ significantly depending on the circumstances. Financial arrangements, confidentiality provisions, references and post-employment restrictions should all be carefully considered before any agreement is signed.
Looking Past the Financial Package
It is easy to focus on the financial package being offered and overlook the wider legal obligations contained within the agreement. Clauses dealing with future employment, confidentiality, restrictive covenants or tax treatment may all deserve careful consideration. We explain those provisions clearly, highlight any areas that may require further discussion and ensure you have the information needed to make an informed decision.
Going Through It Together
We review the agreement in detail before meeting with you to discuss its contents. We explain the purpose of each key provision, answer any questions you may have and identify any terms that could benefit from further negotiation. Once you are satisfied with the agreement, we complete the legal advice required for the agreement to become effective.
The First Draft Isn't Always Final
Not every Settlement Agreement needs to be accepted in the form it is first presented. Depending on the circumstances, it may be appropriate to discuss financial arrangements, notice pay, references, restrictive covenants, confidentiality provisions or the agreed termination date before the agreement is finalised.
What Can Actually Be Changed?
Many people assume the first draft of a Settlement Agreement cannot be changed. In some cases, aspects of the agreement may be open to discussion. We explain which provisions may be capable of negotiation and help you decide whether further discussions would be appropriate.
Raising It With Your Employer
We discuss the terms of the proposed agreement with you before identifying any areas that may benefit from further negotiation. Where instructed, we contact the employer or their solicitors to discuss amendments and keep you informed throughout the process. Once revised terms have been agreed, we review the final version and complete the necessary legal advice.
Why the Law Requires It
For most Settlement Agreements to become legally binding, the employee must receive advice from an independent solicitor. This ensures you understand the legal effect of the agreement before deciding whether to sign it. The advice is specific to the document you have been asked to sign and gives you the opportunity to raise any questions before making your decision.
More Than a Signature
Independent Legal Advice is much more than a signing appointment. It gives you the opportunity to understand the agreement, ask questions and make an informed decision before becoming legally bound by its terms.
Your Appointment, Step by Step
We review the Settlement Agreement before arranging an appointment at a convenient time. During the meeting we explain the agreement, answer your questions and ensure you understand the legal effect of the document. Once you decide to proceed, we complete the solicitor's certificate and return the documentation promptly.
Working to a Deadline
Settlement Agreements often need to be completed within relatively short timescales. Understanding the proposed timetable, any employer contribution towards legal fees and the work required allows the process to progress efficiently without unnecessary uncertainty.
No Surprises on Cost or Timing
Unexpected delays can create unnecessary uncertainty at an already stressful time. We explain what information we need, discuss any deadlines that apply and keep you informed throughout the matter. Where your employer has agreed to contribute towards your legal fees, we will explain how that arrangement operates.
How the Process Runs
Once we receive the Settlement Agreement, we review the documentation and arrange an appointment to provide independent legal advice. If negotiations are required, we explain the likely additional work before it is undertaken. We keep you informed throughout so you know what stage the matter has reached and what remains to be done.
It Doesn't Start With the Agreement
Employment issues do not always begin with a Settlement Agreement. You may be considering an offer, involved in discussions with your employer or simply looking to understand your legal position before making any decisions. Early advice can help clarify your options.
Advice Before the Decision
Employment situations often develop quickly, making it difficult to know which issues require immediate attention. We take the time to understand your circumstances before explaining the legal position and discussing the practical options available to you. Early advice can often help clarify matters before decisions are made.
Where to Begin
We begin by discussing your circumstances and reviewing any available documentation. We explain the legal issues involved, advise on the available options and recommend the next practical steps. Where further work is required, we explain the likely process and agree the scope of our involvement before any additional work begins.
"If you've been offered a Settlement Agreement, you'll probably have questions before deciding whether to sign. We explain what the agreement means, protect your interests and help you make an informed decision with confidence."~ Chris Johnson
Chris Johnson
Director
Adam Chiocchi
Solicitor
Mark Johnson
Commercial Paralegal
Janice Johnson
Practice Manager
Heather Boon
Legal Assistant
Roisin Ryder
Legal Assistant
Frequently Asked
Questions
My employer has recommended a solicitor. Do I have to use them?
No. You are free to choose your own independent solicitor to advise you on the Settlement Agreement.
Can I negotiate the terms of my Settlement Agreement?
Depending on the provisions of your agreement and discuss whether amendments may be appropriate.
How quickly can a Settlement Agreement be completed?
Timescales vary depending on the agreement and whether negotiations are required. Once we have reviewed the documentation, we will explain the likely timetable.
Will my employer contribute towards my legal fees?
Many employers agree to make a contribution towards the employee’s legal fees. We will explain how this applies once we have reviewed the Settlement Agreement.
Do you act for both employers and employees?
Yes. We advise both employers preparing Settlement Agreements and employees who have been asked to sign them.
How much will it cost?
We will explain the likely cost once we understand what is involved. Where a fixed fee is available, we will confirm what is included before work begins.
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