September 25, 2023

employment settlement agreeements

Employment and Settlement Agreements

<p><strong><u>EMPLOYMENT AND SETTLEMENT AGREEMENTS </u></strong></p> <p>You may find yourself in a situation where you are told by your employer that your services are no longer needed as job cuts need to be made (especially in the current climate) or other business-related considerations.  We understand that this can be extremely distressing and, in most instances, come unexpected and we see this quite often from the clients that we have assisted.</p> <p>Here are some statements that we would like to share from clients about their situations:</p> <p><em>“My employer has suggested that we have a “protected discussion” with a view to bringing my employment to an end”.</em></p> <p><em>“We’ve had a change of management who have got new ideas – I don’t just “fit in” anymore”.</em></p> <p><em>“I feel as though I’m being managed out”.</em></p> <p>“<em>I’ve been set impossible targets, placed on a performance review, and have been set up to fail”.</em></p> <p><em>“I don’t feel like coming into work anymore – the atmosphere is toxic”.</em></p> <p><em>“My grievance has fallen on deaf ears and management are not interested”.</em></p> <p><em>“I have been bypassed for promotion and training opportunities yet again for no valid reason and I’m sick of it”.</em></p> <p><em>“My sick pay has run out – what happens next?”.</em></p> <p><em>“I am anxious and stressed and no longer want to work here. What can I do?</em></p> <p>If the above scenarios are like your situation, you have come to the right place.  We can help you.</p> <p><strong><u>So, what is a Settlement Agreement?</u></strong></p> <p>A Settlement Agreement is a legal agreement between you and your employer terminating your employment on agreed terms.</p> <p><strong><u>What are the features of a Settlement Agreement?</u></strong></p> <p>In broad terms, you give up your right to make a claim against your employer to an Employment Tribunal or a Court in return for a “Compensation Payment” or “Termination Payment” for “Loss of Office” (essentially your job).</p> <p>The Agreement is a lengthy document running into several pages and it will usually deal with such matters such as: –</p> <p>(The list is not exhaustive)</p> <p><strong><u>What is the process?</u></strong></p> <p><strong><u>How long will the process take?</u></strong></p> <p>This very much depends on your situation.</p> <p><strong><u>Will my employer pay my legal fees if I instruct you?</u></strong></p> <p>Yes, for all terms that are agreed between you and your employer, your employer will usually pay for us advising you on the “terms and effect” of the agreement and to get the same executed and finalised.</p> <p>However, if no terms are agreed and you require us to negotiate terms then your employer may cap the amount contributed and may not pay any additional legal fees for any in depth advice and analysis that you may require as to the merits of a claim before an Employment Tribunal or the Court, or potential compensation that might be awarded if you issued legal proceedings.</p> <p>That cost will have to be met by you, although your employer may be prepared to increase its contribution towards your legal fees.</p> <p><strong><u>What can we do for you and where can we add value?</u></strong></p> <p>Here are some of the ways that we have assisted our clients:</p> <p> </p> <p><strong><u>Why should you consider engaging our services?</u></strong></p> <p> </p> <p><strong><u>What should I do next?</u></strong></p> <p>If you do require any assistance or even a non-obligatory chat, please do contact a member of our Dispute Resolution Team on:</p> <p>T: 0116 2999 1999 Option 0</p> <p>E: <a href="mailto:info@d-w-s.co.uk">info@d-w-s.co.uk</a></p> <p> </p>
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