Employment Law - LMD Law


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Employment Law

Employee Settlement Agreements

Help & FAQ’s

LMD Law are very experienced in acting for employees in settlement agreement cases. This allows us to use our very sound expertise to provide practical and helpful advice at what can be a challenging and disruptive time of change when leaving your job. We will represent you and protect your best interests to ensure that you get the best available outcome in your case.

Where you want to discuss your circumstances privately and confidentially with a solicitor then please do not hesitate to contact LMD Law on 0800 689 3037 or by emailing hello@lmd.law. We can arrange a free, no obligation initial consultation with a solicitor so that you can better understand your position and how we can assist you.

For more information and guidance on employee settlement agreements the below information may be useful to you.

What is an Employment Settlement Agreement?

In employment law, a settlement agreement is an agreement (formerly known as a compromise agreement) whereby an employee or worker agrees not to pursue certain statutory employment tribunal claims against a respondent or potential respondent to a claim. Most commonly this is used to record an employee's terms of departure where they are to receive a termination payment in return for the waiver of all actual and potential statutory (and usually common law) claims against the employer.

What are the requirements of a Settlement Agreement?

For a valid waiver of statutory employment rights, certain statutory conditions must be met:

- The agreement must be in writing.

- The agreement must relate to a particular complaint or particular proceedings.

- The employee must have received independent legal advice on the agreement and in particular on its effect on their ability to pursue the statutory rights in question.

- The adviser must be identified in the agreement.

- The agreement must state that the conditions regulating settlement agreements in the relevant legislation have been met.

Will I have to pay anything for solicitor legal fees?

In the vast majority of cases, no, as we are usually able to limit our legal fees to the contribution that your employer offers to pay. Effectively this means that you would not have to pay towards your legal fees unless there were particular complications or differences in your case.

We always advise you before you proceed as to what is likely to apply in your case.

How long will this take?

We are very responsive in our delivery of services as well as being flexible as to our advice appointments that we can offer. This means that we provide the quickest turnaround possible, in some cases this has been as swiftly as the same day.

Some cases require further negotiation with your employer or may need some additional matters attended to which can alter the time that it takes.

What will be involved when I instruct LMD Law?

We will need to find out a little more about your case so we can do some initial checks.

Once we have initially assessed your case, and able to take on your matter, you will be sent further information including our terms and conditions and a letter explaining how we will represent you and deliver our services to you. At this time we also require some further details and documents from you. We usually ask for the following:

1.            the draft Settlement Agreement you have been provided with by your employer;

2.            copies of any communications between you and your employer relating to the Settlement Agreement proposals (if any);

3.            a copy of your most recent contract of employment;

4.            Any other documents of relevance to your employment or to the proposed termination of your position (if any).

At this stage we will be ready to review your file and prepare for an appointment with you to discuss your matter in detail and provide the necessary advice in your case.

How can I have an appointment with my LMD Law solicitor?

We have always offered our clients telephone or video consultations to speed up the process but these are now an essential part of our service to support you during the current Covid-19 conditions.

During our consultation we will take you through the proposed agreement so that you are able to get a full understanding of the contents and the effects it may have. We also look at your circumstances in detail to ensure that all decisions you make are fully informed. If you decide to continue with the settlement agreement then we will also ensure that the agreement terms reflect what has been negotiated with your employer.

What happens after I receive the necessary legal advice?

Firstly, if there are any matters to raise and negotiate on your behalf with your employer then we will attend to those based on your instructions following discussions during your appointment.

Once you are happy with the agreement, payment terms and instruct LMD Law to proceed then your solicitor will complete the necessary Adviser Certificate and make arrangements to have the agreement signed by you. We then attend to completing the agreement with your employer so that the terms are carried out and you subsequently receive your agreed termination payment from your employer.

For a no obligation discussion of your circumstances with a solicitor then please do not hesitate to contact LMD Law on 0800 689 3037 or by emailing hello@lmd.law.

Settlement Agreement

  • Employee Advice Services
  • Redundancy & Dismissal
  • Termination of Employment
  • Settlement Agreement Drafting
  • Negotiations on Terms
  • Breach of Agreement & Disputes Action