• What is the difference between a settlement agreement and a compromise agreement?
Other than the terminology used, there is no material difference between a settlement agreement and a compromise agreement. Both are agreements used to waive claims that an employee may have against an employer.
• How much will it cost me to obtain advice?
Your employer will generally make a contribution to your legal fees if they offer you a settlement agreement. It is often possible for us to cap our professional fees at this level, unless the matter is particularly complex. If the matter is particularly complex, we will seek to negotiate a higher contribution from your employer on your behalf. We will let you know in advance if the fee is likely to exceed the level of your employer’s contribution.
• How long does it take to obtain advice?
This depends on the point at which we get involved and the complexity of the situation. We can be involved in advising you from the outset, at the point at which a settlement agreement is offered (which would include negotiating terms on your behalf), or once the terms have been agreed in principle. If there is a deadline on you accepting a proposed settlement agreement, we will work with you to ensure this deadline is met, or we will seek an extension to the deadline if appropriate. Once the terms of the agreement have been agreed, we will usually arrange a meeting with you (either in person or by way of a conference call) to sign off on the agreement.
• Do I have to come to your office to sign the agreement?
We do not usually require you to attend a face to face meeting to sign the agreement, although this is certainly something that we will accommodate if you wish and it is preferable if you are based locally. It is possible to take advice over the phone.
• Can I still bring an Employment Tribunal claim against my employer if I sign a settlement agreement?
No. By signing the settlement agreement you will waive your right to bring particular Employment Tribunal claims against your employer. The settlement agreement is usually in full and final settlement of these particular claims. Generally, you will be expected to give a warranty that you have no additional claims other than those listed in the agreement.