Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

redmans-blog-q&aChris Hadrill, a specialist employment solicitor at Redmans, answers the question:

“What are the requirements for a valid settlement agreement?”

For a settlement agreement to be valid, certain conditions have to be complied with:

  1. The agreement must be in writing;
  2. The agreement must relate to a “particular complaint” or “particular proceedings” (for example, reference to an unfair dismissal claim (or other forms of claim) or a particular Employment Tribunal claim number);
  3. The employee who is entering into the settlement agreement must have received legal advice from a relevant independent adviser on the terms and effect of the proposed settlement agreement and the effect of the settlement agreement on the employee’s ability to pursue their rights before an employment tribunal;
  4. The independent adviser who is advising the employee must be covered by a contract of insurance, or professional indemnity insurance, covering the risk of a claim against them by the employee in respect of that advice;
  5. The settlement agreement must identify the relevant independent adviser; and
  6. The settlement agreement must state that the conditions regulating settlement agreements under the relevant statutory provisions (whichever apply in the circumstances) have been satisfied

Further, if the independent adviser is a solicitor then they should hold a current practicing certificate.

If one or more of the above-listed criteria are not met then the settlement agreement will not be statutorily binding and, therefore, not a valid settlement agreement.

When you discuss your settlement agreement with your adviser (whether this is a solicitor, barrister, or otherwise suitably-qualified person) you should ask them the following questions:

  1. What are the “proceedings” that are being settled under the settlement agreement? Sometimes this will be obvious, but your legal adviser should advise you on the potential claims that you have in the circumstances and, therefore, what you are settling
  2. Is your legal adviser independent on the other party or parties to the settlement agreement? This should normally be the case, as your legal adviser should carry out a conflict check prior to agreeing to advise you on your matter, but it’s worth asking anyway
  3. If your legal adviser is a solicitor, what qualifications does he hold, is he an expert in the field of employment law, and what experience does he have with settlement agreements?
  4. What is the effect of the settlement agreement on your ability to bring a claim in the Employment Tribunal or any other courts?
  5. Is your legal adviser covered by a contract of insurance or, specifically, professional indemnity insurance? All solicitors should be covered by a contract of  professional indemnity insurance but it is always worth checking.
  6. Does the settlement agreement state that the conditions regulating settlement agreements under the relevant statutory provisions are satisfied?

Chris Hadrill, a specialist employment solicitor at Redmans Solicitors, commented: “If you want to enter into a settlement agreement to settle your employment tribunal claims then you must ensure that you get appropriate and proper legal advice, otherwise you may find that your settlement agreement is not valid or enforceable.”

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Tagged with →  

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.75 Average

119 Reviews

Owen J

Very helpful, efficient service.

Posted 16 hours ago

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 6 days ago

Kulbir S

Amazing, quick friendly service from Chris from the start and Caroline. They made me feel at ease during a difficult time, they understood and advised accordingly and I am really happy with the outcome of my case. Will always advise anyone who needs legal advice to contact Redmans, I’m so glad that I did and can confidently say I don’t think any other firm could have handled my case any better. Well done guys, wish you all the best and please keep doing what your doing, simply the best!

Posted 1 week ago

Mark A

Excellent service - rapid and “to the point” advice given to ensure meeting the target time frame

Posted 1 week ago

Anonymous

Chris Hadrill kept me sane during the negotiations with my employer. He was courteous professional and he cared about doing the best he could for me. I will use Redmans again if ever I need an employment solicitor. Excellent service.

Posted 1 week ago

Muhammad Z

Awesome services. Professionals at their best .

Posted 1 week ago

Anonymous

Thanks for the advice and for negotiating a good outcome. Good to have the support at a very stressful time

Posted 1 week ago

Chloe F

My solicitor at Redmans was very helpful and efficient. Really pleased with the smooth service.

Posted 3 weeks ago

Anonymous

Chris was absolutely excellent. Clear and concise, offering sound advice.

Posted 3 weeks ago

Tim O

Experienced and competent advisors

Posted 3 weeks ago

Rachel A

Quick and expert assistance. I would highly recommend Chris for any of your legal needs.

Posted 3 weeks ago

Joe S

I was very happy with the service provided by Chris and the team at Redmans Solicitors. I felt very comfortable discussing all matters with Chris and am very grateful for all the help and guidance I was given throughout the whole process. I would definitely recommend Redmans Solicitors to friends and family!

Posted 3 weeks ago

Anonymous

I had a very good experience working with Chris Hadrill during a difficult and emotional time. This held true from the moment I spoke to him on the phone, to the end of the process. Overall, he was attentive, professional and highly supportive. He provided sound advice and clarity. It was the reviews that led me to Redmans! I was very happy to know they were all true. I highly recommend working with Redmans Solicitors. Thank-you to the entire team!

Posted 4 weeks ago

Anonymous

Good service

Posted 4 weeks ago

Anonymous

Excellent professional service. Highly recommend.

Posted 1 month ago

Rob O

Very prompt response and I could not fault the service. My solicitor listened carefully to the details of my case and I felt very confident in the advice I was offered. All emails and work done on my behalf with my former employer was of the highest standard and Redmans helped take a lot of the stress out of the situation for me.

Posted 1 month ago

Mike H

Very professional, friendly, proactive. I would highly recommend Redmans.

Posted 1 month ago

Anonymous

Fantastic and quick service!

Posted 1 month ago

Anonymous

I was very satisfied with Redmans' service. Clear, sensible advice and the bill was in line with their estimate. I would recommend them.

Posted 1 month ago

Eugene A

Excellent communication and guidance provided on the redundancy settlement process. Process was concluded quickly, very satisfied with service.

Posted 1 month ago

Harold d

Great personlised service and quick communication. Solicitor helps greatly in understanding the options and advising best course of action.

Posted 1 month ago