Would you like to reach an arrangement with an employee and protect the organisation’s reputation whilst doing so?
When considering whether you should settle an employee’s claim or potential claim, it’s all about reaching a solution that’s right for your business. We’ll analyse the situation for you, identify the potential claims and advise you on the pros and cons of the different settlement options.
We have a great deal of experience in advising employers prior to putting offers of settlement forward to employees and ensuring that they are well placed in any subsequent negotiations. It is now particularly important that any offer is put forward in the appropriate manner if an employer wishes to retain the protection available in respect of pre-termination negotiations.
Since July 2013, a settlement agreement is the new name for a compromise agreement. There are certain formalities to comply with and certain content which must be included in order to ensure that the agreement is valid.
We regularly draft settlement agreements for organisations, ensuring that the terms are tailored to not only the particular circumstances of the employee’s remuneration package and potential claims, but also all current legislation. Employers often create problems by basing an agreement on one for a previous employee whose circumstances may have been different.
Potential claimants must now approach Acas for early conciliation before they bring most employment tribunal claims. If you receive a call from Acas to say that someone is thinking of bringing a claim against you, we can advise on whether and how to respond so that you are best placed to avoid or defend any subsequent tribunal proceedings.
Please contact a member of the employment team to discuss any issues relating to settling employment claims.