Settlement Agreements
{For Employers}
We offer a national fixed fee settlement agreement service for businesses, with out-of-hours response times, free initial consultation, and telephone and email support as required. The service is aimed at businesses across the country who want an efficient, professional and safe conclusion of their agreement from a trusted specialist employment law firm.
Our fixed fee approach to legal costs.
We act for a range of micro, small and medium-sized businesses, some of whom may be experienced in executive terminations but require additional advice and support, to those who have a limited HR function and require more in the way of guidance and hand-holding. In each case we use our considerable experience in the area to help you conclude an agreement that is cost-effective and watertight.
How we finalise a settlement agreement for employees.
1:CONTACT
We ask for an electronic copy for initial perusal, arrange client set up and agree terms.
3:CONSULTATION
We identify the legal issues and take a commercial, pragmatic approach to the offer made.
5:AGREEMENT
We advise on the terms and effect of the amended draft agreement.
2:MEETING
We arrange a meeting with you in person or by telephone, normally within 48 hours.
4:NEGOTIATION
Subject to your instructions, we identify any need for the agreement to be amended.
6:COMPLETION
Signatures and exchange. We invoice the employer directly for their agreed legal costs.
Employers > Frequently Asked Questions.
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Do I need to take professional legal advice?For settlement agreements to be binding in law, it is a statutory requirement for all employees to take legal advice from a solicitor or other properly designated legal professional before signing to confirm acceptance of the terms. To reach a contractually binding agreement, employers will almost always make a reasonable contribution to the legal costs of that advice accordingly. ACAS settlement agreements, sometimes called COT3 agreements, are an out of court settlement alternative to continuing with an employment tribunal claim. While it is advisable to take legal advice on the wording of a COT3 settlement agreement, it is not a ststutory requirement for employees to take independent lagal adviec on the terms before agreeing them.
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What do you charge for advising on a settlement agreement?Our minimum charge for advising on the terms and effect of a settlement agreeemnt is £350.00 plus VAT. It normally takes beween one and two hours to finalise a settlement agreement. If the terms of the agreement, including the settlement sums, are agreed in principle, we expect to complete the agreement within the employer's contribution to legal costs. If more substantial amendments are required, including negotiation of a more attractive termination payment, we normally estimate at least two hours work will be required.
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Who do you send your invoice to?We prepare an invoice marked payable by your employer and send it directly to your employer, as required by the terms of the agreement. If you have instructed us to negotiate substantial amendments to the terms of the agreement, including a more attractive severance payment, and have authorised costs above the employer's agreed contribution, we send a separate invoice marked payable to you for the balance.
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How much can I expect my employer to pay towards my legal costs?The statutory requirement is limited to obtaining advice on the terms and effect of the agreement and so the contribution is for advice on the terms only. It does not extend to any earlier discussion or negotiation associated with the proposed termination arrangements or severance payments offered. Some employers will therefore limit what they are prepared to pay in each case to the minimum required for the agreement to be completed.
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Can I negotiate amendments to the terms of the agreement?If your employer's contribution to your costs is less than our minimum charge we may seek your permission to engage with your employer to increase their contribution. If you ask us to negotiate an increase in the settlement sum or make substantial amendments to the terms, including the employer's contribution to your costs, we will provide you with an advanced costs estimate for the additional work.
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Where are the legal costs referred to?In most cases, your employer will have informed you of the sum it offers to contribute to your legal costs before you contact us. If a draft agreement has already been prepared it should include a separate clause in the body of the agreement setting out the agreed contribution, which should be sufficient to advise you on the terms.