Facing a redundancy can be a worrying and stressful experience, however, with expert advice from the Employment Law Team here at Hodgkinsons Solicitors, Skegness, it can be straightforward. In some cases of redundancies, employers may offer employees a severance package, often known as a Settlement Agreement. If this has happened, we recommend that you immediately seek legal advice before signing it. As an employee you have rights and if your rights have been infringed you should instruct a Solicitor to protect them.
It should be remembered that agreements such as these are voluntary, therefore, parties are not obliged to accept the terms which are initially proposed. You must receive a certain amount of time to consider what is being proposed; this is usually a minimum of 10 days. During this timeframe you should consider instructing a Lawyer to obtain expert legal advice regarding the Agreement. It is important to note that a Settlement Agreement will not be legally recognised unless it is signed by a Solicitor or other qualified legal adviser who has been instructed to advise you.
Whilst each agreement will differ based on the individual circumstances, Settlement Agreements will typically address the topics of pay, compensation, arrangements for assets such as Company cars, a warranty of the agreement, and any contractual bonuses. It is not uncommon for Settlement Agreements to include some form of payment to the employee by the employer and it may also include a reference. A Settlement Agreement generally sets out that the employee agrees to waive any claims they have against the employer. It is often the case that employers will usually contribute towards or pay the cost for the legal advice you have sought.
When you instruct a Solicitor to read through the proposed Settlement Agreement, they will ensure that it is legally binding, compliant, and fair. Our Employment Solicitors can help to protect your rights by advising you on the terms of the agreement, explaining your position and the options available to you, and proposing what steps you should take next. They will advise you on the particular complaint or dispute and assess whether the agreement is applicable in the circumstances. If your Lawyer decides that the agreement does not follow the ACAS Code of Practice on Discipline, they will explore whether you have the grounds for a claim of unfair dismissal. If you believe that you have been made redundant in an unfair manner, our Solicitors can also help you to challenge your dismissal. Depending on your circumstances it may be suitable to enter into negotiations, make proposals and counter proposals until both parties reach an agreement. If it is acknowledged that no agreement is achievable, our Solicitors are still able to provide guidance. Our Lawyers will always make recommendations regarding resolution in a way which is tailored to your individual circumstances.
Before negotiation, it is recommended that employees seek advice as to how much the Claim is worth. Your specialist Solicitor can help you to determine the level of settlement you are owed and help you throughout the process to obtain what is deserved. Our Team often see the concerns which employees have as to whether bringing an employment claim will have a detrimental effect on their reputation and future job prospects, which is why our Lawyers will always aim to settle your claim in a way which is straightforward, efficient, and timely.
Here at Hodgkinsons Solicitors, Skegness, we have a Team of Employment Law Solicitors who are experts in Settlement Agreements. Our specialist Lawyers have the ability to represent employees located in Skegness, rural Lincolnshire and the East Midlands to include Boston, Louth, Sleaford, Lincoln and Grimsby. To get in touch with a member of the Team call Hodgkinsons on 01754 897150 or simply complete an online contact form and a member of the Team will be in touch.