Chester Settlement Agreement Solicitors

Author: Editor

Settlement Agreement Solicitor in Chester, Cheshire.

If a Chester employer has put a settlement agreement in front of you, the law requires you to take independent legal advice before you can sign the agreement. This is because a settlement agreement is a legal document, which is typically used when employment is ending (or to settle a dispute). A settlement agreement is only legally valid when the employee has received independent legal advice from a solicitor.

The legal fees for advice on a settlement agreement are usually paid by the employer, as part of the settlement agreement deal. This means getting legal advice costs you nothing.  

Call 0800 861 1883 and speak to a specialist settlement agreement solicitor today. Same-day appointments are usually available.

Settlement agreements in Chester: the short answer

QuestionAnswer
Do I need a solicitor?You need advice from a “relevant independent adviser”. In practice that is almost always a solicitor.
Who pays?Your employer, in virtually every case. We cap our fee at their contribution. See our cost promise.
How long do I have?The Acas Code recommends a minimum of 10 calendar days to consider the written terms.
Is it tax free?The first £30,000 of genuine compensation usually is. Notice pay and contractual sums are not.
Is there a tribunal in Chester?No. Chester has no employment tribunal. Claims go to Liverpool or Manchester or to Wales if your employer is over the border.
How long does it take?Often the same day. Send the agreement in the morning, sign it in the afternoon.

What makes a settlement agreement legally binding?

The conditions are set out in section 203(3) of the Employment Rights Act 1996. The statute lists six, though they are usually described as five because two of them concern your adviser. Employers get them wrong more often than you would expect.

  1. It must be in writing. A verbal agreement to settle statutory employment claims is not enforceable.
  2. You must have received advice from a relevant independent adviser on the terms and effect of the agreement, and in particular on its effect on your ability to bring a tribunal claim.
  3. There must be insurance in force — a contract of insurance or professional indemnity covering that adviser at the time the advice is given.
  4. The agreement must identify the adviser by name.
  5. The agreement must state that the statutory conditions are satisfied.

How long do I have to consider a settlement agreement?

Paragraph 12 of the Acas Code of Practice on Settlement Agreements says that, as a general rule, a minimum period of 10 calendar days should be allowed to consider the proposed formal written terms and to receive independent advice, unless the parties agree otherwise. That is guidance, not a statutory deadline.

In practice: if you are being pushed to sign by close of play, you can ask for more time. Most employers extend the deadline. If you’re being pressurised to make a quick decision, let us know when you call.

What is a protected conversation, and what can my employer not do?

If your employer raised settlement in an “off the record” conversation, that discussion is likely to be a protected conversation under section 111A of the Employment Rights Act 1996. The effect is that what was said generally cannot be referred to in an ordinary unfair dismissal claim.

The protection is not absolute. It falls away where there has been improper behaviour. Paragraph 18 of the Acas Code gives examples:

  • Harassment, bullying and intimidation
  • Physical assault or the threat of it
  • Victimisation
  • Discrimination
  • Putting undue pressure on a party — including failing to give the reasonable time for consideration in paragraph 12, or telling an employee, before any form of disciplinary process has begun, that they will be dismissed if they reject the proposal

Is there an employment tribunal in Chester?

No.

Chester Civil and Family Justice Centre, at Trident House, Little St John Street, Chester CH1 1SN, deals with civil and family work: money claims, housing, bankruptcy, adoption, benefits appeals. Employment tribunal claims are not among its jurisdictions.

Claims from Chester and west Cheshire are handled within the North West employment tribunal region, with hearings most often listed at Liverpool (35 Vernon Street, Liverpool L2 2BX) or at Manchester.

There is a second point that is specific to this corner of the country. Chester sits on the Welsh border, and a great many Chester residents work in Flintshire, Deeside, Broughton or Wrexham. If your employer is based in Wales, your claim is likely to be allocated to the Wales employment tribunal region rather than the North West, with hearings at venues such as Mold Justice Centre.

What should a Chester settlement agreement include?

Before you sign, these are the terms to check line by line:

  • The termination payment: how much, and precisely when it is paid
  • Notice: whether you are working it or receiving pay in lieu, and how that is taxed
  • Tax treatment: the first £30,000 of a genuine termination payment can usually be paid without deduction of tax, but pay in lieu of notice and contractual sums are taxed in the ordinary way. See our guide on whether the payment is tax free
  • Accrued holiday: calculated properly to the termination date
  • Bonus, commission and share awards: preserved, pro-rated, or forfeited
  • Pension: employer contributions up to termination, and any enhancement
  • A reference: agreed wording annexed to the agreement, not a vague promise to be reasonable. See our guidance on settlement agreement references
  • Restrictive covenants: whether existing ones are reaffirmed, relaxed or released
  • Confidentiality: and the carve-outs that must be preserved, including protected disclosures and reports to regulators
  • The legal fees contribution: and whether it actually covers the work required

Our settlement agreement calculator guide walks you through the numbers before your call.

What happens if I refuse to sign?

A settlement agreement is an offer, not an instruction, and you are entitled to say no.

Working in Chester: what we see locally

Chester’s employment market shapes the agreements that cross our desk.

The financial and professional services cluster around Chester Business Park means bonus schemes, commission, deferred awards and post-termination restrictions are common features. If you are leaving a role of that kind, the questions that matter are whether your bonus survives termination and whether restrictive covenants will get in the way of your next job. Both are negotiable. Both are routinely left unaddressed in a first draft.

The public sector and education presence in Cheshire brings a different set of issues: contractual redundancy schemes, mutually agreed resignation schemes, pension implications, and how a settlement agreement interacts with a grievance or capability process that is already running.

Whichever describes you, the agreement in front of you was drafted by your employer’s lawyers, for your employer. Our job is to read it for you.

How we advise Chester clients

  1. Send us the agreement. Email it over with your contract and recent payslips.
  2. Speak to your solicitor. A proper conversation about what the terms mean, what that means for you. Same-day appointments are usually available.
  3. Sign off. We complete the adviser’s certificate and return the documents to your employer.

Appointments are by telephone or video call, or in person in Chester city centre, or across Cheshire by arrangement. For most people a call is faster and no less thorough.

Our fee is capped at the contribution your employer has agreed to pay, and the invoice goes to them — that is our cost promise. Our guide to choosing a settlement agreement solicitor explains what to look for.

Frequently asked questions

Do I need a solicitor for a settlement agreement in Chester?

You need advice from a “relevant independent adviser”. In practice that is almost always a solicitor, though under section 203(3A) of the Employment Rights Act 1996 a certified trade union official or advice centre worker can also qualify. The adviser must be identified in the agreement and covered by insurance or professional indemnity. Without that advice the waiver of your claims is ineffective, which is why your employer will insist on it.

Who pays for settlement agreement advice?

Your employer, in virtually every case. A legal fees contribution is a standard term. We cap our fee at that contribution and invoice your employer directly, so there is nothing for you to pay.

Is there an employment tribunal in Chester?

No. Chester Civil and Family Justice Centre does not hear employment tribunal claims. Claims from Chester and west Cheshire are handled in the North West region, with hearings usually at Liverpool (35 Vernon Street, L2 2BX) or Manchester. If your employer is based across the border in Flintshire or Wrexham, your claim is likely to be allocated to the Wales region instead, with hearings at venues such as Mold.

How long do I have to consider a settlement agreement offer?

Paragraph 12 of the Acas Code of Practice on Settlement Agreements recommends a minimum of 10 calendar days to consider the proposed formal written terms and take independent advice. It is guidance rather than a strict deadline, but an employer who ignores it risks losing the protection of section 111A.

Is my settlement payment tax free?

The first £30,000 of a genuine compensation payment for loss of employment can usually be paid without deduction of tax. Notice pay, contractual entitlements, accrued holiday and bonuses are taxable in the normal way.

What happens if I refuse to sign?

Nothing automatic. You keep every right you had, including the right to bring a tribunal claim. Your employer may improve the offer or continue with the process they had already started. Refusing to sign is not itself a disciplinary matter.

How quickly can this be done?

Often the same working day. If you send the agreement in the morning, it is frequently possible to advise you and return the signed documents to your employer that afternoon.

Do I have to meet my solicitor in person in Chester?

No. Most of our Chester clients are advised by telephone or video call. In-person appointments at our office in Chester city centre can be arranged if you would prefer one.

Speak to a Chester settlement agreement solicitor

Telephone: 0800 861 1883

Send us your agreement and we will call you back the same working day wherever possible.

Written and reviewed by John Hassells, employment solicitor and Head of Legal at settlementagreement.co.uk. John is Chester-based and a specialist settlement agreement solicitor with over 20 years’ experience advising employees and employers on employment law issues and disputes. He is a member of the Employment Lawyers Association.

Last reviewed: August 2026

Legal disclaimer

The contents of this page 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, nor a complete or authoritative statement of the law. No warranty is given as to the accuracy of the information, and no liability is accepted for any error or omission. You should instruct a specialist employment solicitor to advise you on your particular situation. You are free to instruct any solicitor you wish.

Article first published date:

September 13, 2016
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John Hassells, employment solicitor at Settlement Agreement.co.uk

John Hassells, employment solicitor, head of legal at settlementagreement.co.uk

John is a specialist settlement agreement solicitor, with over 20 years experience advising and supporting employees and employers with employment law related issues and disputes. John is also a member of the Employment Lawyers Association. Read more.