Why choose Springhouse Solicitors for your settlement agreement?
We provide a 100% digital service, so you don’t have to leave your home.
Our highly experienced solicitors will normally be able to help by phone of video within hours.
We’ll be clear, economical and get you the right deal because we’re employment law specialists and settlement agreement experts.
Our help to you is usually free: this is possible by working within the legal fees contribution provided by your employer.
Ready to sign?
You can quickly conclude matters without leaving your office or home by using our fast-track online settlement agreement service.
Want to negotiate?
With your desired outcome as our goal, we will negotiate with your employer to get you the settlement agreement you want.
How our solicitors will benefit you.
Negotiating a better package
We significantly increase financial settlements on a regular basis.
Negotiating better terms
We’ll take a practical approach, explain your options and negotiate better terms for you.
What is a settlement agreement?
Settlement agreements are documents which record the arrangements agreed– usually between an employer and an individual – about leaving their employment and/or giving up legal claims against their employer.
A settlement agreement can be entered into by an existing employee, an ex-employee, a worker, a consultant or even a job candidate who may have a claim against the employer in respect of their job application.
Every settlement agreement will be different as the details of every exit package will be different. A settlement agreement can be written to include whatever has been agreed between the parties.
However, when an individual is also giving up their right to bring a legal claim which they may have against the employer (such as for unfair dismissal, whistleblowing or discrimination), there are important formalities which must be observed and included in the settlement agreement.
Only qualified solicitors (and a small number of others) can produce a valid settlement agreement.
For a settlement agreement to be valid, the individual must have received independent legal advice. While it is common for an employer to make a contribution towards an individual’s legal fees to satisfy this requirement, it is not a legal requirement for them to do so.
Can a settlement agreement be disputed?
Generally, once a settlement agreement has been signed by all the parties (employer, individual and advising solicitor), we would expect everyone to follow the requirements of the agreement. Any failure to abide by the terms of the agreement – for example, if the employer failed to pay the termination payment to the individual – would result in a claim for breach of contract.
It is extremely rare for any party to dispute the agreement itself after it has been finalised. However, there may be some unusual scenarios such as where there has been fraud or duress used to get one party to agree to something, where a settlement agreement might be challenged.
Potentially, one party may have a claim for breach of warranty or misrepresentation if a matter relied upon by the other party when entering into the agreement turned out not to be true.
If a fundamental but genuine mistake came to light after the agreement had been signed, it should hopefully be possible to vary the document with the agreement of the other party, to correct the mistake.
Slightly more common, but still rare, is the situation where someone discovers a potential claim against the other party after the settlement agreement has been signed. In this situation, it is unlikely the settlement agreement will cover the new matter and so a new claim would not be prevented.