Can i negotiate a compromise agreement

The benefits of seeking independent legal advice extend beyond simply ticking a required box; it can also play a crucial role in delivering a successful outcome to negotiations. Employees may be aiming to achieve a variety of outcomes. Whilst some may be looking to maximise the financial compensation awarded to them, others may want to focus on minimising any restrictions such as restrictive covenants that follow from the termination of the employment relationship.

An employment lawyer who specialises in settlement agreements will be able to advise you on the most suitable strategy for achieving each of those objectives. Employers will often allow for some leeway during negotiations, meaning that their first offer is rarely their final offer. Although some employers may decide to play hardball, it is very rare for an employer to take a deal off the table just because the employee tries to get a better deal.

As such, holding your nerve may lead to a better result in the long run. The statutory protection afforded to you by the right not to be unfairly dismissed can bolster your position when negotiating a settlement agreement. Depending on the circumstances, these include potential discrimination claims, whistle blowing protection and automatic unfair dismissal claims that do not require a specific length of service, such as dismissals for asserting certain statutory rights for example receiving holiday or national minimum wage.

The main reason for this is that your resignation may negatively impact your negotiating position. If you remain in employment, your employer will have to pay you a settlement in order for you to leave.

In most cases where an employee leaves without a settlement, the employer will wait for the employee to issue a claim prior to settling. In turn, this leads to higher costs on the part of the employee. Every negotiation will see the relevant parties attempt to forward their own interests, and settlement agreement negotiations are no different. Your employer may be looking to secure a clean and easy exit, an agreed and neutral announcement to colleagues and customers regarding your departure, an agreement to keep arrangements confidential or to ensure a smooth transition to your successor.

Whatever the case, offering these as a condition of the agreement can go a long way in getting you the settlement you deserve. Although there are some exceptions to the rule, employers will often be minded to offer a better settlement to deal with a problem rather than simply reward loyal service.

Instead, you should simply argue your case as to why you feel your settlement is unreasonable or your treatment is unfair. Most employment claims are subject to a three-month deadline starting from the relevant event. If you resign or are dismissed, the three-month deadline will start from the date your employment ended. Missing the deadline can have significant implications for the success of your claim. Claims that do not meet the deadline are time-barred, which may result in you being unable to bring a claim against your employer.

Due to the time constraints involved, you may also want to keep an eye on any tactics an employer might use to delay grievances, appeals and settlement discussions. Sponsorship Licence Applications and Criminal Convictions.

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Failing to prepare with your Employment claim solicitors You may feel under pressure to sign — but as already indicated, there is no obligation on you to sign, or to sign quickly. Forgetting that the employer will have reasons to si gn In what may be a stressful time, it can be easy to forget that your employer may have good reasons to conclude a settlement agreement with you.

Not including the reason for dismissal This is not a required element of a settlement agreement, but you may need to prove the reason for the termination of your employer to receive payments under an income protection policy, if you have one.

Forgetting to address the confidentiality clause Your employer will almost certainly want the settlement agreement to contain a confidentiality clause to stop you talking about what has happened. First Name.

Last Name. Your Email. Telephone Number. Your Message. How did you hear about us? I was very satisfied with OTS Solicitors and in particular Stephen Slater who represented me as tenant in a recent case.

Because of this, you need to take independent legal advice on the agreement before signing and your advisor will also need to sign. But the main difference of a settlement agreement is that the offers and discussions of a proposed settlement instigated by your employer cannot be used, or referred to, in unfair dismissal claims at an employment tribunal.

Thus your employer will be allowed to approach you freely about a potential termination of your employment without any prior disciplinary process. At present, if your employer approached you out of the blue to have a frank discussion about ending your employment, you could use this as ammunition and claim constructive dismissal assuming you have the qualifying period of service by arguing that your continuing role is untenable.

So assuming you are faced with a "settlement agreement discussion" with your employer, what can you expect by way of severance terms, and what should you insist on? Well, the starting point is you cannot be forced to accept the settlement agreement, in which case all your employment law rights will be preserved.

Assuming you do wish to enter into discussions, you should ensure that the payments you receive compensate you as much as possible for your future loss of earnings until you find a new job. This is after all, how an employment tribunal would calculate the majority of your losses if you won a legal claim for unfair dismissal.

Unless you have already have another job to go to, it is not easy to ascertain how long you will be out of work, but as a general rule of thumb, a payment equivalent to six month's salary is considered to be a good settlement. Any offer will depend on the circumstances leading up to the discussions and the relative strength of any claim you may have.