Things You Wanted To Know About Settlement Agreements…

As an employee myself, I can sympathise with others being placed in a situation where in the space of a week, they’re required to agree the end of their employment, seek advice, consider whether the proposed terms are acceptable and face the daunting prospect of re-entering the job market.

Discussions over a settlement agreement often arise through no fault of the employee and they’re sometimes set arbitrary deadlines and asked to give their response in a matter of days (though at least 10 calendar days should be provided). This can be an extremely stressful situation, especially with the financial uncertainty and insecurity that could follow.

Whilst I appreciate the loss of one’s job (especially one that they are passionate about) cannot necessarily be rectified by a financial package, I do find it rewarding if I’m able to ease the burden by negotiating and securing better terms, so that they can have an extra layer of financial security, as well as helping them to understand what they’re agreeing.

First of all, try to stay calm and don’t make any rash decisions. Situations such as these can be stressful, and you may regret making any emotional decisions further down the line. Give yourself a little time to process what is happening.

Secondly, consider the circumstances you are in – what is being offered, why is it being offered and what would be your ideal outcome.

Lastly, contact us for legal advice as soon as you can after steps one and two.

Nothing is impossible! There are situations where same day signoff is possible, especially where the employee is happy with the terms of the agreement and there are no significant changes required.

Provided that the employer is responsive, we can get the settlement agreement signed on the day of the advice. However, we cannot promise that is always possible. If there are negotiations to be had or there needs to be broader changes to the terms (which in some cases, can only be identified following the advice), it may take a few days. Regardless, we always try to reach a satisfactory agreement as soon as possible.

Generally, the employer will contribute to the employee’s legal costs, and this will be specified in the agreement. If the employer’s contribution does not cover the employee’s entire costs, we can negotiate this on their behalf. We always strive to get the employer to cover as much of the costs arising out of the settlement agreement as possible. Most of the time, legal costs are fully covered by the employer.

Whilst this is not something that we can promise as negotiations are not an exact science, we would do our best to get the employee the best deal possible. We can negotiate with the employer on the employee’s behalf, or we can give specific pointers for potential amendments that could or should be made. In the latter situation, the employee would negotiate on their own. However, in the vast majority of cases where the employee is not satisfied with the initial settlement agreement, we manage to negotiate better terms.

In the Legal 500 (the who’s who in the legal world), I was testified as “a dedicated and highly reliable professional who is extremely responsive and attentive…knowledgeable in employment law and takes the time to provide clear and concise advice”.

However, in my own words, I would like to say that I genuinely care about my clients. I do not look at these matters as another client or one more settlement agreement to advise on, but rather – “this person is going through a terrible situation, the least I can do is do the best I can to make things easier for them”.

Whilst I cannot guarantee the perfect outcome (and frankly, anyone that does, you should steer clear of them), I can guarantee that I will be in your corner.

I would definitely be my dog, Peach. She is a toy poodle and despite her miniature size, she has the courage and feistiness of a tiger, but soft and gentle when she has been fed and has had enough sleep.