A Settlement Agreement refers to a legally binding contract applied between an employer and an employee. They are frequently used in employment where there is some kind of dispute between the parties. The objective of a Settlement Agreement is to record in writing the terms decided on between the parties to resolve that dispute, e.g. in respect of the employee’s termination of employment or any other workplace issue (such as alleged discrimination or unpaid wages).
While the majority of settlement agreements govern the end of an employee’s employment, they do not need to do this: they can be employed to resolve any possible employment claim the employee carries, even where the employment relationship is to sustain.
Settlement Agreements can generally be considered as an attractive means of agreeing a dispute so as to avert claims being raised before an Employment Tribunal. They enable the parties to arrive at a resolution at an early stage so as to avert the time, inconvenience and expenses that would otherwise be experienced should an employee’s claim lead to the Employment Tribunal. They also provide parties with an enhanced opportunity to keep control of a case, through negotiation of a compromised settlement, rather than run the risk of being unsuccessful at tribunal.
In the preparation of a Settlement Agreement, an employee is approving to give up their right to enforce a specific legal right and to follow a claim against their employer. In return, the employer will give the employee with some kind of thought (generally although not always financial compensation) to compensate them for waiving that right.
There are specific requirements that a Settlement Agreement must be met to be valid and legally binding:
· It must be in writing;
· It must relate to a particular employment complaint (or complaints) or employment proceedings;
· The employee must have received independent legal advice (usually from a solicitor) as to the effect of his acceptance of the agreement on his ability to pursue the rights being waived;
· The agreement must identify the relevant laws governing Settlement Agreements and state that their requirements have been complied with; and
· The parties must sign the Settlement Agreement.
This is where people may come across the need to consult settlement agreement lawyers in London. While amazingly valuable, there are a range of issues and factors which emerge through the use of Settlement Agreements which must be taken into account. The one thing that parties must guarantee is that the agreement appropriately sets out what has been agreed and all associated issues are evenly covered off. A defective agreement can lead to major headaches for both parties.
These experienced employment settlement lawyers in London are able to provide comprehensive and customized advice on Settlement Agreements for employers and employees alike, guiding people through the commonly occurring issues that emerge out where a Settlement Agreement in under consideration, as well as advising people of the effect any Settlement Agreement will have on them or the business.
No comments:
Post a Comment