THE ART OF THE SETTLEMENT AGREEMENT by Sundeep Bhatia
There is far more to advising you about the contents of a settlement agreement then blindly discussing each clause with you.
That is what your Employer would want me to do.
We are more concerned about whether you are getting a fair deal or not.
You need to remember that ,by means of signing a settlement agreement, you are giving up the right to take any kind of legal action against your former, or soon to be former, employer at any time in the future, with a few minor exceptions.
The trade off for giving up your legal rights should be worth your while.
This does not ,necessarily, need to be a trade off in financial terms.
Sometimes a glowing reference ,or a reference which lists your duties ,can be worth far more then a financial payment because it will aid you in finding alternative employment that bit faster.
We will assess the package your employer is offering you as a part of advising you regarding the contents of a settlement agreement.
Your employer would usually pay this firm for the cost of advising you regarding the contents of a settlement agreement.
If your employer did not do so, and if you were to sign the agreement, without the benefit of independent legal advice, then the agreement you signed would be unenforceable.
If you want us to negotiate an improved settlement package then we can do so for a moderate additional fee on top of what your employer is paying us.
This may mean that any additional benefit paid to you by your employer ,as a result of our efforts, could result in an improved settlement package..
If you decide that you wish to reject the settlement agreement then we can advise you regarding the merits or demerits of commencing a claim at the Employment Tribunal or the County Court.
If you are happy with the package offered by your employer then we will aim to advise you regarding its contents for the fee offered to us by your employer.
Our Sundeep Bhatia is a Member of the Employment Law Committee of the Law Society of England and Wales.
We hold Professional Indemnity Insurance and we are regulated by the Solicitors Regulation Authority.