Can an employee propose a settlement?

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…

It is not uncommon for an employee to initiate a Settlement Agreement discussion by telling the employer of their concerns and saying that rather than go through a formal grievance procedure, would the Company be prepared to consider offering a Settlement Agreement?

The employer may or may not be prepared to consider as Settlement Agreement, but if not the employee can always initiate a grievance process to address the concerns.  In any discussion it is important to focus on the concerns as being the reason for the discussion, in order to seek to avoid any suspicion that nothing is wrong, and the employee simply wishes to leave but also wants a pay off as well.

Answer given on 28 May 2014.

IMPORTANT: The contents of this page are for guidance only and do not constitute legal advice. You should consult a solicitor without delay if you require legal advice on a particular employment matter.

helping employees with settlement agreements since 2013