Settlement Agreements: Ask an Expert

Q: We want to offer an employee a settlement agreement. The employee is suspected of gross misconduct but the investigation will be complex and we think the employee might try and delay the process. I’ve been told ACAS guidance is that an employee should be given 10 days to consider a settlement agreement. Do we really need to wait that long, surely a couple of days is enough? Is there a way of giving the employee less time and what are the risks if we set a deadline of say, 48 hours for the employee to decide? Employment Solicitor Ian Carey answers…

Q: My employer terminated my employment last week for gross misconduct. They’ve offered me a settlement agreement paying me my months’ notice pay. I accept I was guilty of misconduct but feel the procedure was unfair and they could have given me a warning.  Also, I’ve heard I can claim compensation because my employer didn’t issue me with an employment contract. Is that right and what could I expect to get? Should I mention this to try and get better a better deal? Jonathan Holden, Partner at Forbes Solicitors answers…

Q: I’ve been offered a settlement agreement. My employer is making my role redundant and I’ve been told I will get statutory redundancy plus an extra £1,000. In previous redundancy situations going back years the company has paid much more generous enhanced redundancies to employees.  Do I have a right to the same deal? Tom Moyes Employment Associate at Blacks Solicitors answers…

 What does ‘Without Prejudice Save as to Costs’ mean? Charles Millett Employment Partner at Morecrofts LLP answers…

Can an employee start a settlement agreement discussion and if so do you have any guidance on how I should approach things? I feel like I’ve been passed over for promotion and my boss has isolated me; I just feel I need to move on. Carol Shaw, Partner at Spratt Endicott Solicitors answers… 

Q&A – Settlement Agreements: What are the consequences for my pension? Jon Curtis Employment Partner at Ironmonger Curtis answers…

Should I be accompanied to a settlement agreement discussion?

Emma Newbould Employment Solicitor at Forbes Solicitors answers…

I am being made redundant, and my employer has asked me to sign a Settlement Agreement. Why would an employer ask me to do that?

Fiona Martin, Director and Head of Employment Department at Martin Searle Solicitors answers…

I was asked to attend a disciplinary hearing without any notice or chance to bring a companion. At the end of the meeting I was offered a settlement agreement. I know I’ve not done anything wrong and feel my employer is putting me under undue pressure to take the settlement and leave. Any advice? John Norrie Legal Director at Gillespie Macandrew LLP answers…

Is it true that my settlement payment can be made gross?  Jon Curtis, partner at Ironmonger Curtis Solicitors answers…

I’ve been told I’m at risk of redundancy and offered a settlement agreement. I thought I had a right to be consulted and I’m concerned I seem to be the only one in my team who’s been approached about leaving. Any advice? Kirk Tudhope, partner at Ledingham Chalmers answers…

My employer told me the settlement payment is tax-free but the settlement agreement I’ve been given says I have to pay any tax. I’m confused, is it really tax-free?  Paul Kelly, partner at  Blacks Solicitors answers…

What if I turn the settlement agreement offer down? Michael Scutt, solicitor at Excello Law answers…

My employer has told me I will be dismissed if I don’t accept the settlement agreement. I feel under pressure to sign, what should I do?  Jemma Pugh, solicitor at Lester Aldridge LLP answers…

I’ve been offered a settlement agreement and I’m prepared to leave my job but I think the offer is too low, what should I do? James Sommerville at Thomas Horton LLP solicitors answers…

Can I raise a grievance about being offered a settlement agreement? Rebecca Kershaw at Barlow Robbins LLP solicitors answers…

I’ve been offered a settlement agreement and I think my boss is picking on me, what can I do? Paul Samuel , partner at Ashby Cohen Solicitors Limited answers…

I’ve been offered a settlement agreement but I don’t think it’s a fair offer. What should I do? Russell Brown, partner and head of employment at Glaisyers Solicitors LLP answers…

 I have been offered a settlement agreement, do I have the right to a reference? Christopher Graham, Partner at Watson Burton solicitors, answers… 

Can I mention the settlement agreement in an employment tribunal if I turn the offer down?  Catherine Wilson, Partner Thomas Eggar LLP solicitors answers…

Do I need to see a solicitor about my settlement agreement?

Tom Woodward, Consultant Solicitor at Setfords Solicitors answers…

Do I have to pay a fee to bring a claim against my employer? Rebecca Lake, Partner at Davenport Lyons solicitors answers…

Can I bring any claims against my employer after I’ve signed the settlement agreement?  Alan Lewis, head of employment at Linder Myers Solicitors answer...

Link to more Q&As


IMPORTANT: The contents of this page are general guidance only and should not therefore be regarded as constituting legal or other advice. All reasonable effort is made by our third party authors to ensure guidance and articles are accurate at the date of publication only. It is possible changes in the law may have occurred since publication. You should consult a solicitor if you require advice about your situation.

 

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