Settlement Agreements Solicitors

If you have a claim against your employer, our specialist team of employment law solicitors can help you negotiate a settlement agreement.

At Bird & Co, our settlement agreement solicitors are experts in discussion and negotiation and can assist you in coming to a harmonious agreement with your employer without any need to resort to lengthy and stressful employment tribunal proceedings.

Whether you’ve been made redundant, you’ve been unfairly dismissed, you’re facing discrimination at work, or you want to dispute unpaid wages, a settlement agreement will resolve your issues with your employer, who will offer you incentives such as money in return for you agreeing not to pursue your claims any further.

Because settlement agreements – also known as compromise agreements – involve you signing away your legal rights to sue your employer, you must obtain legal advice for the agreement to be valid. As such your employer is highly likely to cover your Bird & Co legal fees, and this is a point we can negotiate with your employer if necessary.

Do you need settlement agreement advice?

Fast, easy and FREE advice on settlement agreements wherever you are in the country, by telephone or email
Fixed fee costs (paid for by your employer)
Same day service
24-hour turnaround on completed settlement agreements
Expert advice from a senior employment lawyer

Get in touch with our settlement agreement lawyers today by calling 01476 372 047, emailing phardy@birdandco.co.uk, or by booking an free instant appointment using the form to the right of the page.

"Good morning Paul, I have to say I was very impressed with the service and advice you provided. ." Mr NG – Settlement Agreement Advice client

Our settlement agreement solicitors’ expertise

We specialise in providing fast, friendly, and efficient employment settlement agreement advice focused on promoting your employee rights and achieving an outcome which helps you move on with your life and career with confidence and enthusiasm.

Our team of solicitors are experts in providing advice and representation across complicated employment law disputes. We understand that raising an issue with your employer can be daunting, particularly if they are a large company. Our goal is to level the playing field using our professional knowledge and high-quality negotiation skills to come to an agreement which is beneficial to you.

"Paul, thank you for all your help. I've been truly impressed with your service in this legal matter."Ms SS – Settlement Agreement advice client

Do you need a local solicitor to negotiate settlement with your employer?

In the old days you used your local solicitor. You would spend time getting to their office in the city centre or centre of town and all documents would be hand-produced and posted or delivered by hand.

That service came at a price, but the truth is that it is no longer needed. You don’t have to be local to us to use our settlement agreement services. At Bird & Co, we take advantage of modern technology to provide clients all over the country with legal services delivered entirely online or over the phone.

Your settlement agreement solicitor, Paul Hardy can be based anywhere and still provide a great service – even if he is in an office many miles away from where you are based.

This means you never have to come to our offices for face-to-face advice (unless you want to). We can deal with your employment law matter using email, phone calls, Skype, and even Facetime video calls. We can also send you your settlement agreement online using our secure systems.

"Very responsive, informative and professional service. Internet search for a Settlement Agreement Solicitor. Initial contact by email, response from Paul Hardy within minutes. ." Mr AB – Settlement Agreement advice client

What is a settlement agreement?

A settlement agreement – also known as a compromise agreement – is a contract between you and your employer used to resolve employment law disputes.

When you sign a settlement agreement, you agree to waive all your claims against your employer, and your employer will usually agree to terms such as paying you a sum of money or agreeing to give you a good reference. The agreement will also usually end your employment on agreed terms and there will be a confidentiality clause preventing you from discussing your dispute with anyone else.

Can you ask your employer for a settlement agreement?

An employee can request an employment settlement agreement where they have claims against an employer under their contract of employment and/or under statute. These claims may arise on recruitment; during employment; or on termination of their employment.

Employers aren’t required to enter into an agreement with you. However, there are only two ways an employer can legally persuade their employee to give up their rights to go to an employment tribunal:

A COT3 agreement through the Advisory, Conciliation and Arbitration Service (Acas)
A settlement or compromise agreement

Therefore, it is highly likely that your employer with decide to enter into settlement agreement negotiations with you.

Employers can enter into an agreement with an employee to settle potential claims when they are still working for the business, but in most situations, their employment will have ended (or be about to end).

Although it is usual for compromise or settlement agreements to be entered into where employment has terminated (or is about to terminate), it is possible to enter into one where employment is continuing.

How to negotiate a settlement agreement

It is challenging knowing exactly what should be included in your agreement, and your employer will likely have many suggestions themselves.

We can help you discuss potential terms with your employer and provide you with advice on the effect of certain terms upon you, such as confidentiality clauses. Our personal and tailored approach to our clients’ matters means we will truly get to know your needs and wants and ensure these are incorporated into the agreement.

Remember, you don’t have to agree to a settlement agreement unless you are completely happy with the terms.

What can be included in a settlement agreement?

The contents of a settlement agreement will largely be decided at the discretion of the employer and the employee involved. Examples of common clauses include:

Compensation for loss of employment
Contribution to legal fees
Waiver of claims by the employee, including warranty that the claims listed are the only claims which the employee has against the employer
Re-assertion or modification of existing restrictive covenants
Return of the employer’s property
Indemnity from employee in relation to tax and National Insurance Contributions
Undertaking from the employee not to use the employer’s confidential information or make any adverse comments about the employer

Is a settlement agreement legally binding?

A settlement agreement must satisfy the following requirements to be legally binding:

It must be in writing
It must relate to a particular complaint or particular proceedings
The employee must have received legal advice from a relevant independent adviser on the terms and effect of the proposed agreement and its effect on their ability to pursue any rights before an employment tribunal
The independent adviser must have professional indemnity insurance (or other relevant contract of insurance)
The employee’s adviser must be identified
The agreement must state that the law regulating settlement agreements has been complied with

What types of employment claim can be settled by a settlement agreement?

Only certain statutory claims can be settled by a settlement agreement. These include:

Claims for Unfair dismissal
Whistleblowing
Discrimination
Victimisation or harassment related to age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation
Equal pay

What types of employment claim cannot be settled by a settlement agreement?

There are several statutory claims that cannot be settled by entering into a settlement agreement, including:

Future personal injury claims (which have not yet arisen)
Claims for failure to inform and consult in connection with collective redundancies and on a transfer of a business.

What happens if a settlement agreement is breached?

Settlement agreements are legally binding. Therefore, if your employer fails to or refuses to honour the terms of the agreement, you can start a claim for breach of contract.

Our service includes advising on settlement agreement breach and your options for either enforcing its terms or applying to an Employment Tribunal to reinstate your original claim.

Why choose Bird & Co’s settlement agreement lawyers?

If you are looking for a settlement or compromise agreement solicitor, we can help you. We offer a convenient, efficient, and friendly service to clients all over England and Wales. If you are being offered a settlement agreement by your employer or wish to negotiate the terms of an agreement with your employer, we can give you the specialist advice that you need.

More often than not we can provide you with advice and get your completed agreement returned to your employer all within 24 hours. If you want to deal with a senior specialist employment lawyer who is a trusted adviser, then Paul Hardy can help you.

You will have a direct line straight through to your settlement agreement solicitor Paul Hardy on 01476 372 047 and a direct email address to phardy@birdandco.co.uk.

The advice will be given over the telephone and/or by email as you prefer and so there is no need for you to even personally meet us. This saves you the costs and stress of travelling to see a settlement agreement solicitor for a face to face meeting.

You can guarantee that the advice you will receive will be tailored to be in your best interests and that it will be explained to you in a way that you will be able to easily understand.

Paul Hardy is an experienced member of the Employment Lawyers Association providing settlement agreement advice to clients all over England and Wales.

Our firm is regulated with the Solicitors Regulation Authority and is Lexcel accredited, a mark of excellence of our service which guarantees that our processes and procedures have been Law Society approved and that we operate to very high standards.

So don’t risk instructing a lesser experienced or even inexperienced lawyer who may not be able to advise on some of the trickier issues which may arise in the terms of your settlement agreement. Get in touch with Paul Hardy today.

"Thank you for your help and progressing this in such a professional manner." Mr DO – Settlement Agreement advice client

Our settlement agreement fees

Your employer generally pays a fixed amount towards the legal fees of between £250 and £750 plus VAT. This amount is normally sufficient and so there is no extra cost payable by you unless the matter becomes complex.

In cases that do become complex we always ask your employer to pay any additional costs rather than seek this from you. In cases where it is clear that the compensation or termination payment which you are being offered is insufficient then we can offer you alternative funding options in order to negotiate a better deal for you, including:

Asking your employer to pay the additional costs of us negotiating a higher or fairer settlement package, particularly where the legal or tax issues are complex.
Agreeing a reasonable fixed fee based on the value of the improved terms secured on your behalf.
Exploring all other potential funding options such as whether you have legal expenses on your home contents/buildings insurance.