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Leaving your job – getting the right settlement agreement

A settlement agreement is a legally binding way to bring an employment relationship to an end.  It’s a no-risk method of achieving a clean break on agreed terms.

Entirely voluntary, the aim is to avoid ending up at an Employment Tribunal.  You may be offered one whether you are leaving on amicable terms, or have already left, or have issued a grievance or claim against your employer.

Key facts:

  • A settlement agreement records your confirmation you will not pursue any employment-related claim against your employer;
  • You can use the agreement to negotiate things you want on your departure, for example an agreed reference;
  • You will need to take legal advice on the terms and effect of the agreement.  Your employer usually pays for your legal fees;
  • Receiving independent legal advice is a key part of the process, not only to safeguard your own interests but in order for any agreement to be considered legally valid.

Who can provide legal advice?

You can use a solicitor, a barrister, a trade union official or someone from an organisation like the Citizen’s Advice Bureau as long as they have been certified as competent to give the advice and have the relevant insurance.  We recommend that you choose a specialist employment law solicitor.

Get in touch

For further advice, please contact Specialist Employment Solicitor Matthew Warren on 0117 929 2811 or email matthew.warren@wards.uk.com.

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