| In short: A settlement agreement solicitor is a qualified solicitor who advises you on the terms and effect of a settlement agreement offered by your employer, and signs the legal certificate as part of the settlement agreement process. UK law requires you to take this advice before you can validly give up your right to bring most employment tribunal claims by signing a settlement agreement. It is advisable to go to a solicitor that is a genuine employment law and settlement agreement specialist. |
If your employer has offered you a settlement agreement, you’ll probably have been informed you need independent legal advice from a solicitor. This is not a option your employer has chosen to put in place — it’s a legal requirement to safeguard you before you decide whether to sign-away your employment rights. This guide explains exactly what a settlement agreement solicitor does, why the law insists on one, who foots the bill, and what to look for if you’re choosing which solicitor to use.
What Does a Settlement Agreement Solicitor Do?
A settlement agreement solicitor’s role is to provide the statutory advice laid out in the legislation which means:
- Explaining your rights. Setting out exactly which claims you’re giving up — for example unfair dismissal or discrimination — and what that means in practice.
- Reviewing the terms. Advising you on the contents of the settlement agreement and what it means.
- Signing the adviser’s certificate. Confirming, in a certificate annexed to the agreement, that you’ve received the advice the law requires. Without this, the agreement isn’t valid.
In addition to the above, a settlement agreement solicitor may advise you on whether the wording is reasonable, amendments to the wording, and whether the financial package is reasonable taking into account your situation.
This is a snapshot — for the fuller picture of how the process runs from offer to signature, see our settlement agreement guide.
Why the Law Requires One
A settlement agreement can only lawfully waive your statutory employment rights if it meets the conditions set out in section 203 of the Employment Rights Act 1996. One of those conditions is that you’ve received advice from an identified, independent adviser — normally a solicitor — who is covered by professional indemnity insurance for the advice given.
The reasoning is straightforward: you’re being asked to permanently give up the right to bring a claim, potentially worth a significant sum, in exchange for the terms on offer. Parliament decided employees shouldn’t do that without someone independent of the employer (and suitably qualified) advising the employee what they’re signing.
We cover this requirement, and what happens if it isn’t met, in more detail in our guide: Do I need a solicitor to sign off my settlement agreement?.
Who Pays for the Advice?
In the great majority of cases, your employer contributes towards this cost — commonly a fixed sum in the region of £500 plus VAT, though this varies and will usually be specified in the agreement itself. Provided your chosen solicitor’s fee stays within that contribution, taking advice typically costs you nothing directly. See our costs promise for how this works in practice.
The payment itself may also have tax implications depending on how it’s structured — see our guide on whether your settlement payment is tax-free for the detail.
What to Look for When Choosing a Settlement Agreement Solicitor
Your employer cannot force you to use a particular solicitor — you’re free to choose your own. A few things are worth checking before you instruct one:
- SRA regulation. Confirm the solicitor is authorised and regulated by the Solicitors Regulation Authority — you can check this on the SRA’s public register.
- Employment law and settlement agreement specialism. Settlement agreements sit within a fast-moving and technical area of law. A solicitor who deals with them regularly is more likely to spot issues a generalist would miss, and be able to do that efficiently.
- Senior solicitor. In practice many law firms (including national firms) often allocate less experienced and junior solicitors to advise employees on settlement agreements. A senior experienced solicitor with a minimum of 10 years post qualification experience practising exclusively in employment law will usually be better positioned to advise you on your settlement agreement, so factor this into your decision, alongside cost certainty and service timescales.
- Employment Lawyers Association membership. ELA membership signals a specific focus on employment law and ongoing engagement with developments in the field.
- Fee structure. Ask whether the fee is fixed and capped at your employer’s contribution, or charged hourly — an hourly rate can leave you out of pocket if the review takes longer than expected.
- Turnaround and accessibility. Many employees are working to a deadline set by their employer, so ask how quickly advice can be arranged and whether it can be given by phone or video call.
Our solicitor team
| Will I be allocated a solicitor regulated by the Solicitor’s Regulation Authority (SRA)? | Yes. You will only ever deal with a qualified solicitor, personally regulated, delivering settlement agreement advice through an SRA regulated and authorised law firm. |
| Are they employment law specialists? | Yes, every solicitor on our team specialises exclusively in employment law. |
| Are they senior solicitors? | Yes, with a minimum of 10 years post-qualification experience as an employment solicitor. |
| Are they members of the Employment Lawyers Association (ELA)? | Yes and our head of legal, John Hassells, was appointed to the ELA working party preparing the Association’s response to the 2026 Government consultation on the misuse of non-disclosure agreements in settlement agreements involving cases of workplace harassment and discrimination. |
| Do they fix their fees for advising on the settlement agreement at the level the employer agrees to contribute? | Yes, see our costs promise. |
| Do they offer a fast advice service? | Yes, they are specialists in settlement agreements and you will usually receive a call back within 1 -2 hours with same day advice, if you’re ready and available. |
Settlement Agreement Solicitor FAQs
Yes. Your employer may suggest a firm, but you’re entitled to instruct a solicitor of your own choosing.
Usually not, provided your solicitor’s fee falls within your employer’s contribution. If you choose a solicitor who charges more or does not fix their fee at your employer’s contribution, you may need to cover the difference.
Yes — negotiating the financial terms, the reference, or the scope of any restrictions is a core skill a specialist settlement agreement solicitor should have.
You’re under no obligation to sign. Your settlement agreement solicitor can go back to your employer with proposed amendments, and the agreement is only binding once you’re satisfied and choose to sign it.
Yes and no. Yes, in the sense that they do not have to be a specialist in employment law. So in theory a solicitor that spends most or all of their time acting for clients on say property matters, could sign off a settlement agreement. However, just because they could does not mean they should! No, in the sense that they must be independent and cannot therefore be employed by, or acting in the matter for, the employer or an associated employer.
| Speak to a specialist settlement agreement solicitor – If you’ve been offered a settlement agreement and want advice from a specialist employment solicitor, see our costs promise for details of how it works, or use our settlement agreement calculator to get a starting estimate of what you might be entitled to. And if you have a copy of your agreement and are ready to speak to a solicitor, you can get book an advice call, request a call back or call 0800 861 1883 to speak to our team. |
Related reading: Without prejudice and subject to contract | Claims a settlement agreement cannot settle
Legal Disclaimer
The contents of this article are intended to be for general information purposes only and do not amount to (nor are they intended to be) legal, tax or financial advice or a complete or authoritative statement of the law or recommendation nor should they be treated as such. No warranty or promise is given, express or implied, as to accuracy of the information on this page and no liability is accepted for any error or omission. You should instruct a specialist employment solicitor to advise you on your particular situation without delay and not act or rely on the information on this page.
