Please regularly check this section for all of the latest developments on Settlement Agreements.
DO EMPLOYERS HAVE TO PAY THE LEGAL FEES FOR SETTLEMENT AGREEMENTS
This question (or its mirror image equivalent does the employee have to pay the costs of a Settlement Agreement) is the most frequent question we get asked at the initial consultation when we give settlement agreement advice here at settlement agreement services towers.
This is a question we frequently get asked and the accurate, if unhelpful answer, is that it depends
upon the situation in which you find yourself. Every employer, every employee and the circumstances of a termination are different and the exact way of negotiating always depends upon an analysis of the individual elements.
Calculating your settlement payout is never 100% clear cut as every individual's situation is different. Our easy-to-follow guide to calculating your settlement agreement offers advice on what factors are involved in coming to a future and should give you a good idea of what you are entitled to.
Whether you have been made redundant or can't work due to poor health or other issues, or you are facing any type of disciplinary action, we are here to help you work out how much you are due.
No, a settlement agreement does not need to be witnessed for legal reasons. As soon as both employee and employer sign the document, it will become legally binding, as long as you have received the advice of a settlement agreement solicitor. There are also other procedures to follow to ensure your settlement agreement is legal and valid before you sign.
Before you sign your settlement agreement, you must be 100% happy with what you agree to, and just because it doesn't need to be witnessed, you may also need legal advice in order to understand all of the legal elements and terms and conditions outlined in the settlement agreement.
The simple answer is yes. At settlement Agreement Services of Swindon, we offer a fully remote settlement agreement service to help you get the best deal if your employment comes to an end. Via phone calls, email or video call, we will help you negotiate your settlement agreement and provide you with the expertise you need.
In an age when face to face meetings are no longer always common place, there is no reason why legal services such as settlement agreement services and getting access to good legal advice shouldn't be accessible to everyone. Gone are the days when trustworthy employment legal advice was reserved only for the wealthy. We are pleased to offer remote settlement agreement services to anyone who needs them at a reasonable cost.
There is a lot of confusion about notice periods. Hopefully this article will deal with some of the more common questions and issues.
Every employment contract has a provision dealing with the notice required to terminate a contract. This will either be what the contract states or the minimum statutory period set out in s. 86 of the Employment rights Act 1996 (“the Act”).
The minimum statutory notice periods are as follows:
Up to one months employment – no notice
From one month to two years service – one weeks notice
Settlement agreements typically include a payment from an employer to an employee. The full sum of money received in a settlement agreement may be made up of separate amounts, paid for different reasons. Therefore there may be tax or national insurance implications, but likewise, the full amount could be paid tax free.
Don't worry if this sounds complicated, often the first £30,000 of the settlement agreement payment is tax free. Our handy guide to settlement agreement tax implications should help you, or please get in touch for expert advice on your settlement agreement.
Like so many questions in life the answer is “Yes” and “No”. The question is simple but it cannot be answered without some explanation.
The first point to note is that there is nothing stopping an employer and an employee just agreeing terms by themselves for a payment be made to the employee to exit employment. Pre-1993 this was not uncommon and the employer often made the employee sign a piece of paper stating that they would not bring any claims.
COMMON PITFALLS TO AVOID NEGOTIATING SETTLEMENT AGREEMENTS
Finding out your employment is coming to an end can often come as a shock and will inevitably bring up many questions. Ensuring you have a watertight settlement agreement is essential to ensure you receive the most beneficial payout at the end of your employment. A Settlement Agreement can also be used to settle any disputes that may arise in the case of employment termination.
There is an almost surreal complexion upon life as we live it at the moment. It feels like we have fallen into the sequel to Alice through the Looking Glass and one day we will all wake up and stop living the dream.
Never for a moment in 2019 did I think I would be writing articles about vaccination policy. If I did it would be easy. We live in a free society and you cannot impose a policy which involves assault even if it is for your own good. End of article. Job done. We can all go home.
The almost universal portrayal of redundancy in the media is that it is a bad thing for the employee who is made redundant. There is no such thing as a universal law applicable to all situations so in some cases this will be true. The closure of the mine in the pit village, the closure of the only large factory in a small town undoubtedly lead to genuine hardship. Some people’s mental state is such that it is a bitter blow to recover from.
Employment contracts can be tricky things. Not quite how his Honour Judge Simon Auerbach put it in AMDOCS Systems Group v Langton. His Honour was rather more eloquent and legalistic as befits a Judgment made in the Employment Appeal Tribunal.