Whether you are an employee or an employer, the termination of employment can often be a time-consuming and stressful process.
However, with the assistance of rhw’s Employment Team, you can be guided through the process with efficiency and expertise.
What is a settlement agreement for?
The aim of a settlement agreement is to enable an employer and employee to bring an employment relationship to an end with confidence and certainty. Therefore, whether you are an employer or employee, it is crucial to ensure the agreement is drafted with care and skill.
So what do settlement agreements do?
Settlement agreements can stop employers and employees bringing claims against each other after the employment relationship has come to an end. If a settlement agreement is not reached in these circumstances, each party can remain exposed to the risk of potential liability.
What are the Legal requirements of a settlement ?
To protect employees who may be unaware of their legal rights, the law states that settlement agreements are not legally enforceable unless they meet certain minimum requirements:
- The agreement must be in writing
- The agreement must relate to ‘particular proceedings’ i.e particular complaints that the employee may have.
- The employee must identify a relevant independent adviser from whom the employee has received advice as to the terms and effect of the proposed agreement and in particular its effect on the employee’s ability to pursue their rights before an employment tribunal.
- The adviser must be covered by professional indemnity insurance
- The agreement must state that the legal conditions regulating settlement agreements are satisfied.
If the agreement does not comply with these minimum legal requirements, it will not be valid and an employee may still be able pursue claims against the employer.
What terms might a settlement agreement include?
The terms included in a settlement agreement can be extensive and will vary depending on the circumstances of the particular case. However, it is common for settlement agreements to contain clauses dealing with the following:
- The employment end date
- Claims to be settled
- Payments being made on termination
- Post-termination obligations including confidentiality
rhw have the expertise to advise and guide you throughout the process and ensure your settlement agreement is legally binding. If you are an employee, we can advise you on both the terms of settlement being offered and also on any potential claims you might have against your employer.
If you are an employer, rhw Solicitors have the experience and expertise you need to ensure employment relationships are terminated effectively and to suit the needs of your busines