By Jyoti Jha
Settlement agreements are legal documents that document a release from claims in exchange for money. Every employee and plaintiff representative must be involved with this process to ensure that settlement language is clear and enforceable.
Employment law
Employment law generally defines a settlement agreement as a consensus between employer and employee that settles any claims that either may have against the other. Settlement agreements are commonly used when ending an employee contract. However, they can also be used if disputes have arisen between both parties that need to be addressed quickly. Often, these agreements contain confidentiality clauses, with both parties agreeing not to share information with third parties.
An important question when accepting any offer to waive further claims in an Employment Tribunal or Court (which you can learn about here) from your employer is whether they have given you a fair sum in exchange for relinquishing further rights to pursue claims in these forums. A specialist solicitor will evaluate each sum that has been offered and provide expert advice regarding its fairness based on an analysis of your merits as compared with what they are being offered. Also, consider any discrimination you have suffered that you are unaware of.
Employers frequently offer lump sum settlement payments in return for an agreement not to pursue further claims – with details on this being provided in writing or by email. You should also receive information outlining why this termination payment was granted and why your employer determined you were becoming redundant.
Make sure that the letter or email includes a breakdown of payments being made to you, and note if any are being made free from tax deductions. Any amounts given without withholding tax are known as ex-gratia payments. Typically, these are awarded only where damages claimed would far outstrip those actually experienced due to breach.
As part of any agreement, it’s crucial to assess its effect on future employment opportunities and your ability to find new work if one of its components offers you a contribution towards legal fees. Discuss this option with your solicitor and consider if you can afford the extra financial commitment.
Solicitors
Settlement agreements are legally binding contracts that lay out the resolution of legal disputes set up by a solicitor. Signed by all parties involved and approved by a judge, settlement agreements can be used to resolve personal injury claims, as well as workplace conflicts. A solicitor will evaluate its terms before providing advice about whether it constitutes fair terms.
Before creating a settlement agreement, all necessary information must be readily available – this may include insurance policies, medical bills, liens, statements of fees and costs, or any other documents that might influence its amount. You need to decide how the settlement will be paid out – it is also helpful if an accountant is available who can assist with identifying its tax repercussions.
Your employment lawyer must also consider termination payments and potential pension losses when advising on employment matters. They also advise clients regarding mutual or unilateral confidentiality clauses designed to keep employers from defaming you in court proceedings.
Negotiations
Negotiation is an established dispute resolution method used by parties to reach agreements that satisfy both sides. Participation is voluntary – any party may withdraw during the negotiation process at any time. Negotiation is best used when both sides can benefit from it and feel as though their interests have been considered, and careful preparation will help achieve this result.
Preparation involves identifying all the terms that could be included in a settlement agreement and researching potential terms while considering what matters most to you. It’s crucial that all payments will either be in a lump sum, series of payments, or annuity and that claims will no longer be pursued by all parties involved before engaging in negotiations. It is vitally important that this process takes place prior to commencing discussions on potential agreements.
According to Plaintiff Magazine, one key point to keep in mind when signing a settlement agreement is that no one can compel you to accept one. If your employer puts undue pressure on you by setting time limits or engaging in illegal discrimination or harassment acts, this could constitute improper conduct that may invalidate the agreement altogether.
Settlement agreements typically contain several provisions designed to maintain confidentiality, such as non-disparagement clauses that specify you will not make negative comments about your former employer and a reference clause stating they will provide one as part of the deal. It’s also important to remember that any disclosure of confidential information or details related to an agreement signed or unsigned by an employer would constitute breaking the law.
Legal Advice
When contemplating a settlement agreement with your employer, it is vital to seek legal advice as quickly as possible. If you consult an employment lawyer, they can assess if your offer is fair and reasonable before helping negotiate better terms if necessary. An attorney can review the draft agreement to make sure it complies with state guidelines. They can also inform you on filing an emergency application process, as well as other steps which might apply in your situation.
Your lawyer will assist in gathering all potentially relevant documents related to the case and costs that could impact final compensation. These documents can then be used by their attorney to assess an accurate valuation for your claim while considering its effect on future earnings potential.
Once a settlement agreement has been drafted, your solicitor will discuss and explain any important parts, such as indemnities, warranties and enforceable provisions. Depending on the complexity of your case, multiple meetings may be needed before reaching an agreement. Your solicitor will work tirelessly on your behalf to secure you the best deal that protects both short-term financial security as well as long-term prosperity.
Many individuals can feel confused when presented with a settlement agreement from their employer, and need specialist advice quickly. Your employment solicitor can arrange same or next-day appointments and will give clear, practical and specialist advice without using complicated language such as legal jargon.
Read Also:
What's your reaction?
