Settlement agreements

Our focus

We have been advising on settlement agreements (formerly or otherwise known as ‘compromise agreements’) since their inception in 1996 and have a wealth of experience. This allows us to provide a quick service from receiving initial contact from a client requiring advice to completing the settlement agreement and returning it to the Employer with our certificate of Independent Legal Advice.

Compromise agreements are the only means whereby an Employee can waive statutory claims such as unfair dismissal, discrimination or entitlements to a redundancy payment without the involvement of ACAS.

The Settlement agreement will only be valid where:

  • it is in writing and

  • the Employee has received independent legal advice from a relevant adviser who has professional indemnity insurance which Leeds Day carries.

An Employee cannot compromise potential future claims, though claims that have already arisen, unknown to the Employee, can be waived.

A settlement agreement will also contain a waiver of any claim for breach of contract as well as statutory claims. We will take you through all of the claims being waived and will provide written advice as to what the claims are for your to review as there will be claims that you may not have heard of.

We review each proposed settlement agreement and tailor it to fit your circumstances.

The advantage for the Employer is that they are able to draw a line under an Employee's departure or complaint and are protected from future claims. The advantage for the Employee is that the monies received in return are provided for by a legally binding and enforceable contract.

A well drafted Settlement agreement will also include an agreed form of reference.

Our expertise

We can provide you with advice, support and guidance on matters arising in relation to settlement agreements. Below are a selection of some typical ‘Q&As’:

The above factors include making a legal assessment as to the strength of your case. We will carry this out for you and provide a short written report.

If you’ve been getting Universal Credit, Income Support or Jobseeker’s Allowance and settle your claim you won’t have to pay that back. If you win a tribunal claim, the DWP will claim back what they’ve paid you. You should also bear in mind that the DWP won’t claim that back if you settle a claim.

Examples of our previous work

We regularly act for Employees helping them achieve a dignified and fair exit route from their employment. Some examples of this are.

Mr B:

In 2020, we were instructed by Mr B  who was paid £135,000 a year working in the construction industry  and had been offered a settlement agreement offering to pay him circa £30,000 to bring his employment to an end.

We reviewed Mr B’s employment contract and noted that he was entitled to a bonus.  Negotiations were then entered into concerning payment of this bonus.  The Employer contended that the bonus was discretionary.  Ultimately the settlement agreement was concluded with Mr B receiving £53,000, which included payment of all of his legal costs.

Mr M:

We were instructed by Mr M on 28 March 2022 at 12:33 and saw Mr M in person and completed the agreement at 13:43 hours on 1 April 2022.  Mr M received an enhanced contribution towards his legal costs at our request due to the complexity of the dispute and £27,115.38 overall.

An online retailer:

We acted for 5 Employees who were made redundant due to their Employer going into administration. These were all completed in 6 working days and before the Employer went into administration. Each Employee received a different amount based on their length of service. 

Long-term Director dismissal:

We were instructed by Mr Y who had been working for the same employer for over 20 years. The company was being sold but the new employer did not want Mr Y to remain as a Director. The first offer to pay him for his resignation as a Director was for £20,000.  By the time the settlement agreement was concluded, this had increased to over £80,000.  The settlement agreement was concluded within 5 working days of the employer informing Mr Y of the overall proposal.

Capability/unfair treatment:

We have acted for Mrs H who had been working for her employer for over a period of 7 years.  An issue arose as to her alleged ability to carry out her work. With our assistance, a settlement agreement was signed within 7 days and the payment to her increasing by a month’s pay.

Redundancy:

We have acted for a former in-house lawyer for an IT company dealing with worldwide payment systems.  The lawyer had agreed their own terms and we turned around the settlement agreement within 48 hours.

Whistleblower/Unfair dismissal

Margaret recently came to us for advice because the company she works for decided to make significant changes to their overseas working practices. She did not agree with the changes for ethical reasons and felt that she could no longer be a part of operations. She voiced her concerns and the company accepted that she had not been treated fairly.

In order to avoid Margaret from making a claim against the company, they offered her a ‘Settlement Agreement’ which we advised upon and completed within 48 hours.

Thank you for your invaluable advice on this matter which was arranged at such short notice. This was very much appreciated indeed.” 

Age is but a number:

We recently acted for an 85 year old gentleman who was offered a Settlement Agreement. When asked what he planned to do next he confirmed he would be getting another job! He was a pleasure to work with and we wish him all the best in his next endeavour

Please contact us on 0333 577 2250 or email employment@leedsday.co.uk