A Settlement Agreement (earlier known as a Compromise Agreement) is typically regarded as a legally obligatory agreement between an employee and the employer when he leaves the organisation, under which he decides to give up the right to raise legal proceedings against the employer in response to a settlement package, which can possibly include a tax free payment.
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Here it is necessary to understand Settlement Agreements not only can deal with the settlement of possible claims, they can also encompass significant concerns related to objects after you choose to leave the job, such as:
· The return of company asset by the employee – such as private company data/information
· Confidentiality related to the exit circumstances – so an employee cannot tell other employees or third parties about the incident
· Preventive covenants – Preventing the employee from competing with the employer after he leaves
· References and internal announcements – so that you agree from the outset the wording of any reference/announcement from your employer.
In order for the agreement to be effective, it needs to be in writing and one must get free legal advice from a qualified person, such as a solicitor. The role of settlement agreement lawyers in London is to advise you about the rights you will be giving up by signing the agreement and the terms being provided. It is therefore important that you choose a reputed and trustworthy legal firm with the necessary expertise in employment law to make sure you get the most sought-after agreement.
While looking for settlement agreement lawyers in London, make sure to choose a firm that has experience of dealing with agreements ranging from the relatively straightforward to ones of high-value or with complex terms, for example, relating to share options. A good firm can help you go through the legalese, negotiate with your employer to make sure that the exit package is ideal for you and advise on the tax consequences of receiving payments under a Settlement.
Terms of a settlement agreement
A settlement agreement generally contains different types of payment. These include:
· Any outstanding claim to notice;
· Any accumulated but not availed holiday;
· A compensation or ‘ex gratia’ payment.
Other clauses within the settlement agreement will typically include:
· Warranties and indemnities;
· Confidentiality and other restrictions;
· Reference
The employer generally donates an amount in regard to legal fees. An employee can opt to receive and sign the settlement agreement, may choose to negotiate with the employer on terms and/or the amount the employer is offering as compensation or can reject to sign the settlement agreement. All of these options can be discussed with the employee’s legal adviser.
If one has been offered a settlement agreement and like some advice on the terms please, it is recommended to choose an expert settlement lawyer in London contact team who would be happy to assist.
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