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How to Arrange a Settlement Agreement

02 November 2021

Richard Lozano

If you find yourself involved in a dispute with your employer that could result in an employment tribunal, your employer could try and resolve the discourse with a settlement agreement. This settlement may involve incentives to try and stop you from taking a claim further, such as offering you a sum of money or promising to stop treating you unlawfully. Before you sign a settlement agreement, you must remember that these settlements are legally binding contracts, so you need to ensure that the contents are suitable for you.

Here at Taylor Bracewell Solicitors in Doncaster and Sheffield, our expert team can analyse your settlement agreement and help you negotiate a new deal if you are not happy with the one you have been presented with. The employer will often cover legal costs, and in the majority of cases, we will not charge more than your employer has agreed to contribute. Negotiating with your employer may seem daunting, but our qualified solicitors are here to help.

 

Preparing for the Negotiation

In order to resolve a dispute between you and your employer, the latter will discuss with you what should be in the agreement. If your employer requires an answer straight away, you should not feel obliged to give one. You should take a few days to consider the offer you have been given, as there could be ways to negotiate a better result. You may wish to discuss how the agreement could be adapted, but it is recommended that you seek legal advice as soon as possible.

Qualified solicitors may be able to negotiate a better settlement agreement or compensation package that benefits you greatly, and reduce the chances of attending an employment tribunal. They can assist in considering the employer’s offer, how you could improve it, and if the stress of a tribunal is outweighed by what you could get if you win. To find out more about our employment law services, please visit us on our website.

 

Negotiation Tactics

No matter whether you’re attempting salary negotiation or you’d like flexible working hours, employers may be reluctant to accept counteroffers that can affect them financially as a business. However, they may be more willing if the amount you may be paid in compensation will be higher. When presenting your counteroffer, there are different negotiation tactics you can implement.

The most popular way to negotiate a better deal is by seeking expert legal advice. If you are being offered far less than what you would receive from a tribunal, then a solicitor could help you make this clear to your employer in the hopes that you won’t have to attend an employment tribunal at all. An employment solicitor can also advise you on your rights, ensuring you have the best counterclaim prepared to present to your employer.

 

When You Reach an Agreement

When you reach a settlement agreement, there are a few factors you need to consider. You must ensure that the settlement is in writing and covers the details of your dispute and what you and your employer have agreed upon. The settlement agreement should be made by a lawyer who is independent of your employer, and it should state their name. If your employer breaks the agreement, you can attend county court for breach of contract.

Here at Taylor Bracewell, our qualified solicitors in Doncaster and Sheffield can assist you every step of the way, analysing your settlement agreement and implementing effective negotiation tactics to help you receive an agreement you are happy with. To find out more, you can fill out our online form here.