If you are in a situation where your employer has offered a settlement agreement at work, or if you are an employer involved in a disciplinary process with a member of staff, it is important to seek legal advice to ensure you are taking the right steps to ensure you or your business' interests are being best looked after. A Settlement Agreement is a contract made between an employee and employer which will formally set out the leaving terms between the employer and employee and has the effect of barring a legal action against the employer in respect of their termination, usually in exchange for a monetary settlement, and sometimes a work reference. In most cases, the employer will also pay between £250 -£500 to go towards legal fees.
Settlement Agreements offer the employer and employee a clean break where there has been a dispute or an issue at work. There is under no obligation for the employee to accept the terms of a Settlement Agreement and there should only be an agreement once formal legal advice has been obtained (the Agreement will not be binding until the employee has received advice on the matter from a solicitor). On receiving a Settlement Agreement offer, ACAS recommends you employees are given ten days to consider their offer.
Settlement Agreements are suitable for both during employment and after termination. The agreement is beneficial to both employer and employee because it can avoid a costly and time-consuming disciplinary process or tribunal. It can even be used by some employers where there is no question of a dispute or risk of a claim. This is sometimes done as a matter of course where an employee is to be dismissed to reduce any time-consuming disputes after the termination, for example, in a redundancy situation.
Our team will look at your situation closely to examine the best way forward and will provide advice to employers and employees on every aspect of the agreement including settlement amounts, the payment of legal fees, restrictive covenants, whistleblowing, pay in lieu of notice (PILON), pensions, taxation, confidentiality, waiver of claims, and references.
Contact our Settlement Agreement Solicitors – Providing Legal Services within East Kilbride, Hamilton, Strathaven & Glasgow South Side
At BuchananBurton, we speak your language. If you are an employee or an employer looking for advice on settlement agreements, get in touch with us. Our advice is down-to-earth and practical – giving you real solutions to your legal issues. We are also expert litigators, ready to fight your corner every step of the way. Our solicitors offer cost-effective solutions to your legal needs, ensuring you have a good understanding of your options throughout. We serve clients in East Kilbride, Strathaven, Thorntonhall, Carmunnock, Hamilton, Clarkston, Busby and the surrounding areas. Pop into our office, give us a call on 01355 249 228 or contact us via our online contact form and someone will be in touch shortly.