All legal documents can be hard for laymen to understand. When signing employment documents, it is especially important to know what you are looking at and how it can affect you. Not only that, but your employer will also insist you receive independent legal advice as you may still proceed into an employee tribunal if you do not.
Reason for Employment Settlement Agreement
First and foremost, you should understand why you are receiving the employment settlement agreement. Employment settlement agreements are used by employers to settle a dispute between themselves and an employee. They provide either compensation or a promise to stop the unlawful treatment, sometimes both. Citizens’ Advice provides a more in-depth analysis of how employers use settlement agreements here. As stated previously, the agreement will not keep you from going to an employment tribunal if you do not get independent legal advice, which is why some employers are willing to pay for the legal fees.
Now that you understand what an employment settlement is, you should also understand why your employer has gone forward with one. You have issued a complaint against your employer and might be taken to tribunal. The process will continue to tribunal is a settlement is not agreed upon by both parties.
When Looking Over Your Employment Settlement Agreement
With your legal party accompanying, you should thoroughly read through the settlement agreement. It is important to make sure you understand everything in the agreement and consider the offer from your employer. If it does not equate to the damages done, the agreement should be amended before moving forward. If you are unhappy with the agreement, you should bring any thoughts or worries up to your legal advisor.
One of the main things you should think through is whether you wish to stay employed with the company if it is offered. They offer financial compensation for how they have wronged you, but that does not necessarily mean that the wrong will not happen again. Their employees may be instructed to fix whatever caused the issue, but if you are in the same situation with the same people, will you feel you would circle back to where you are?
Reaching an Agreement
Once you are satisfied with the agreement, you can proceed with signing it. Ensure everything is agreed upon in writing. You can find a detailed list of various aspects to ponder on an employment settlement agreement at MS Soliciters which includes the amount deserved. This may also include any vacation time as well as salary left on your contract with the company. The negotiations will be handled by your legal advice team, and you can rest assured they will fight for the best outcome for you.
Your legal representative should look over the document throughout the process, including during appeals and walk you through any changes required during the process. Once they have finished negotiations and both parties are happy, the contract will be signed, and copies will be given to the appropriate administrations.
Payment for Legal Representation
Many employers will pay for your legal advice regarding an employment settlement agreement. If they do not offer to pay, your counsel may put it in the contract to cover expenses. It is rare that an employee is forced to pay all legal fees during a settlement agreement.
Negotiation tactics differ from specialist to specialist. Advice from DPH Legal Settlement Agreements such as this website https://www.settlementagreements.co.uk/ come with a guarantee that agreement advice costs the employee nothing. They are also very open about any additional costs and willing to negotiate passing these fees onto the employer. Most specialists seek the best outcome with the least amount of fees for the employee.
If Your Employer Breaks the Agreement
Should the agreement be broken by your employer, the best course of action is contacting your legal advice choice for help. If the agreement is reached in tribunal but stayed the employer must fulfil their part of the agreement in the allotted time. The tribunal can be revived if they have not fulfilled the agreement.
It is important to ensure your employer holds up their end of the agreement. If the agreement is not met within the allotted time, it is important to report it to the tribunal or your legal advice team. A break in these agreements is taken seriously as the company has not only had a legal claim against them, but they have also now broken an agreed upon settlement between themselves and the wronged party.
Within one to three weeks, you should receive your payments. Some payments might be received as through payroll in your previous employment on the usual date payroll is issued. Usually these include bonuses and any salary left outstanding when you left the company.
Once you have received your payment you can rest assured that the agreement has been fulfilled and further legal action will not be taken in this circumstance.
Above all else, it is important to seek legal advice when dealing with an employment settlement agreement. With proper advice, you will come to an agreement with your employer in your favor. The complaint will be dropped, and, in the future, the employer will understand and take action to prevent the incident from happening again.
Ideally, you will reach an agreement in a timely manner without going to tribunal. This is the desired outcome of most employers as well.