Coronavirus Update | We are here to help, whatever your situation. Our offices are open for pre-arranged appointments and our staff can be contacted by phone, email and video call. Read More

Client area and payments Make an enquiry

Settlement agreements are voluntary and you do not have to agree to the terms, so it is important to understand the options available to you.

Our solicitors can offer comprehensive same-day advice to help you decide what to do next and the advice is usually paid for by your employer.

speak to us about your options

What are my options?

I am happy with the terms of my settlement agreement

It may be the case that you are happy with the offer you have received and therefore there is nothing to stop you from simply signing, however getting advice from a legal professional is always advised to ensure you are getting the best deal possible. In many cases receiving advice for a settlement agreement will be free. Your employer will usually pay for you to receive independent legal advice. This is because if you sign a settlement agreement without receiving independent legal advice first, you may still be able to go to an employment tribunal.

I don’t think my agreement is fair

Alternatively, you may feel unhappy with the settlement agreement you have been presented with. In this case, you can enter negotiations or simply reject it completely. It is always important to understand everything in the agreement before signing so that you can ensure both you and your employer comply with the terms to avoid any future disputes. a solicitor can help you decide whether you are happy with the terms of the settlement agreement and discuss your options.

Read more about deciding if your settlement agreement is fair.

Our solicitors offer fast, same-day advice to assess your settlement agreement to ensure it is fair.

Send us your settlement agreement today to find out how we can help

What are your options when presented with a settlement agreement?

Accept

There are advantages to simply accepting what you are offered which are dependent on your specific situation. You may feel as though you just want closure from the situation without the hassle of legal negotiations, although we strongly advise you to seek legal advice first to make sure that your agreement is fair.

Negotiate

The terms of the settlement must be agreed by both yourself and your employer. Your solicitor can advise what is reasonable in your case and help you to form a negotiation strategy. Negotiations are usually carried out via what is known as protected conversation, and it’s important to state that you are negotiating without prejudice.

What to consider when deciding whether to negotiate

  • Have you worked for your employer for 2 or more years? If not, you cannot bring an Unfair Dismissal claim against them as stated in the Employment Rights Act of 1996. However, you may be able to claim on account of discrimination or whistleblowing providing you have evidence to support your statement.
  • How strong is your potential claim?
  • How long will it take you to find another job? This can affect the compensation pay you are given regarding loss of work hours.

Reject

You are not obligated to accept a settlement agreement, but this does not prevent your employer from dismissing you regardless. If you do turn it down, there may be the option to make a claim against your employer however this is not guaranteed to get you as much money as you may have been offered originally. Therefore, it is recommended to seek legal advice as soon as you are presented with a settlement agreement.

Things to consider when deciding whether to accept, negotiate or reject a settlement agreement:

Accept Negotiate Reject
Quick outcome

Closure

Might not be the best deal for you

Low stress

Might get a better deal

Longer process

Legal costs paid by employer

Matters of discrimination compensated

Risk of getting less than originally offered

Uncertainty

May still get dismissed from work

 

same-day settlement agreement advice

Our solicitors will contact you within 24 hours of submitting your enquiry during normal working weekdays to discuss your circumstances and the cost of advice. Please ensure you provide all information requested to enable our solicitors to provide the most comprehensive and accurate advice.

  • Drop files here or
    Accepted file types: doc, jpg, pdf, Max. file size: 6 MB, Max. files: 3.
  • Contact permission

    We would like to stay in touch with offers, news and event invitations. We will always treat your personal details with respect and we will never sell them to other companies for marketing purposes. You can find details of our full privacy policy here.

    You can stop receiving updates at any time by clicking 'unsubscribe' at the bottom of our emails or by emailing enquiries@hegarty.co.uk.

    Please let us know if you would like to hear from us:

  • This field is for validation purposes and should be left unchanged.
Key contacts
Photo of Martin Bloom

Martin Bloom

Partner Head of the Employment Department

Photo of Tim Thompson

Tim Thompson

Partner Senior Partner | Employment Law

Do you want find out more?

Make an enquiry online Contact the Peterborough office Contact the Stamford office Contact the Oakham office