A Settlement Agreement would include:

• All payments due to the Employee 

• Confirmation as to Tax – usually payments up to £30,000.00 can be paid without deduction

• Confirmation that an employee can not bring a claim against the Employer 

• Sometimes restrictive covenants e.g. an employee cant set up the same business down the road, approach staff, make any disparaging comments about the Employer

• Sometimes a reference will be agreed for the Employee’s benefit in finding a new job

It is a legal requirement that you use an employment law solicitor for independent legal advice regarding a Settlement Agreement.

The Employer will usually be required to pay for the Settlement Agreement and the legal advice offered by the Solicitor. 

This is agreed with the Employer so that the Employee does not have to pay a penny. 

What are the benefits of a Settlement Agreement

It ensures certainty. 

The Employer is secure in knowing they will not be subjected to a claim and can draw a line under the situation. 

The Employee can receive their payment/compensation sooner than had they issued a claim and can ensure they receive a reference without the delay that accompanies bringing a claim. 

You can also review other online resources like My Lawyer.

Direct Discrimination – This could be rejecting people for a job or discriminating against current employees on the basis of religion, skin colour, or sexual orientation. 

An example would be that all women must work overtime unpaid or that only men could apply for a promotion. 

Indirect Discrimination – This could be giving some staff certain tasks to perform and not others, placing demands on some staff and not others or grouping people together on the basis of race, sex or age. 

Verbal / Physical Abuse – This could be  jokes about particular people or false rumours about certain staff, inappropriate touching, physical violence or sexual harassment. 

Victimisation –  This could be treating someone less favourably because they are part of a Union, or because they complained about someone or because of their race, age, sexual orientation. 

1. Retain a diary and/or written record of what happened, when and what happened afterwards;
2. Obtain a copy of the employment policy/handbook and ensure a complaint is raised in respect of that policy/handbook to the appropriate member of the Management team
3. Report the issue to a Trade Union if relevant or the Equality and Human Rights Commission
4. Seek legal advice from a solicitor. 

It would be advisable yes. An employment law solicitor can advise you on your current rights and explain whether mediation or a claim for discrimination would be most appropriate.

It would be highly recommended to raise this internally in accordance with the Employment policy/handbook in order to try and reach an amicable conclusion.

If your Employer fails to pay you this you can ensure you receive this via a claim through the Employment Tribunal.

You would need to ensure that you start a claim within 3 months of the date of termination of your employment.

Redundancy is a very common reason for a Dismissal. It happens because Employers need to reduce their staffing levels. 

If you are being considered for Redundancy or have been made Redundant you are entitled to the following:

1. A meeting with your Employer (with a representative of your choice to be present with you if you wish);

2. A period of Consultation with your Employer;

3. A trial and/or job in an alternative role in the Company;

4. A notice Period;

5. Redundancy Pay;

6. Time off work to look for a new job. 

If you did not receive one of the above entitlements then you may have been dismissed unfairly and entitled to compensation. 

A Dismissal is when your employment has come to an end. This may be due to:

1. Your contract coming to an end and not being renewed;

2. Your Employer dismisses you by way of terminating your contract;

3. You resign/end your employment because of something your Employer has/hasn’t done. 

It may be that your Employer:

1. Did not follow the correct procedure in selecting you for Redundancy; and/or

2. Selected you for an unfair reason. 

If your Employer selects you for Redundancy for an unfair reason then you may be entitled to claim for Unfair Dismissal. 

An unfair reason could be for any of the following reasons (and additional reasons not listed):

1. Whether you are male or female

2. Race

3. Religion

4. Age

5. Whether you are married, single, divorced

6. Sexual orientation

7. If you are part time

8. If you are a fixed term employee

9. Disability

10. Involved in lawful industrial action lasting 12 weeks or less

11. A member of a Trade Union

12. Pregnant

13. Absent from Work on maternity leave

If you have worked for your Employer continuously for 2 years or more you will usually receive Redundancy pay. This is calculated as follows:

1. half a week’s pay for each full year you were under 22

2. 1 week’s pay for each full year you were 22 or older, but under 41

3. 1 and half week’s pay for each full year you were 41 or older

Certain payments are not taxable if they are below the threshold. 

TUPE Regulations would affect me or my Employer if:

1. The business transfers

2. The service provision changes

In the event that either of the above situations apply it is wise for the Employer to take legal advice and in the event that any staff are to be dismissed or made redundant for them to take advice from an employment specialist as soon as possible. 

We will provide you with access to the right legal advice via our consultation we offer with one of our Employment Solicitor’s. 

There is no obligation and you receive access to an Employment Law Specialist who will listen to you and assess your options. 

We will provide you with the help and support you require. 

It may be that:

1. the solicitors provide you with friendly advice;

2. the solicitors attempt mediation with your Employer if you wish;

3. the solicitors make a claim against your Employer for Unfair Dismissal. 

An Employer is entitled to make a dismissal for one or more of five possible options:

1. Redundancy;

2. Conduct;

3. Capability;

4. Statutory Duty or some form of Restriction stopping the Employment continuing;

5. Some other Reason (Must be Substantial) 

To assess whether you have been dismissed unfairly the following factors are crucial to consider:

– How long have you worked for the Employer?

– Was there a dismissal?

– If so, was the reason for the Dismissal one of the five possible fair reasons for dismissal as listed above?

– Did your Employer act reasonably and follow the correct procedure?

If you were employed after 6th April 2012 then you must have been employed for two years or more to claim for unfair dismissal. 

A Dismissal is when your employment has come to an end. This may be due to:

1. Your contract coming to an end and not being renewed;

2. Your Employer dismisses you by way of terminating your contract;

3. You resign/end your employment because of something your Employer has/hasn’t done. 

Did my Employer follow the correct procedure in deciding to terminate my contract / fail to renew my contract?

Employers must follow the ACAS Code of Practice. 

This a Guide for Employer’s to follow and comply with ensuring that the correct procedure has been followed in contemplating and making a dismissal.

Our Employment Specialists will be able to advise you as to whether your Employer followed the ACAS Code of Practice.