Knight Webb Solicitors – Settlement Agreements, Dulwich

Settlement Agreement Dulwich

Knight-Webb Solicitors are employment law specialists and have successfully advised on a large number of Settlement Agreements for both employers and employees. For many years we were based in Dulwich in South East London where we built up a loyal client base. We have since moved our office to Brixton after the Principal at the firm, Sunita Knight-Webb, re-located her principal residence to a country house in Lulworth Cove in Dorset.

Principal solicitor, Sunita Knight-Webb, previously worked at a City law firm and has over 20 years of experience in advising on employment law matters. She has a degree in law from Cambridge University.

Negotiating a Settlement Agreement can be a complicated process and Knight-Webb Solicitors have many years of experience in this field. We are thorough in our approach and hard negotiators if necessary.

If you have been given a Settlement Agreement, we offer a free initial consultation on the telephone about your settlement agreement so that we can ascertain how best to help you. Please note that the consultation will not provide legal advice on your issue but will give you general guidance and suggest next steps.

What is a settlement agreement?

A Settlement Agreement is an agreement in which the employer agrees to make a termination payment and the employee agrees to waive his or her potential claims in the employment tribunal arising out of the employment or its termination, such as unfair dismissal, wrongful dismissal or discrimination. In order for the employee validly to waive his or her rights, the agreement has to fulfil certain conditions, one of which is that the employee has had legal advice prior to entering into the agreement. We will advise you on the value of your potential claims so that you can make an informed decision. We often negotiate a better deal for our clients where appropriate.

Common terms in settlement agreements

Common terms in settlement agreements will require that the employee:

  • Returns all property belonging to the employer in his/her possession, custody or control. This will usually include all documents (including copies) in whatever format (including electronic). However, if the employee wishes to retain property such as a laptop or mobile phone or number, this can sometimes be negotiated with the employer.
  • Does not disclose confidential information to third parties. Confidential information will probably be defined in the agreement but is likely to cover commercially sensitive information which is not already known to the public. Confidentiality obligations may also be contained in the employee’s contract of employment.
  • Keeps the terms of the Settlement Agreement confidential and not (for example) discuss these with work colleagues. The employee is also likely to be required to keep the fact of the agreement and the circumstances concerning the termination confidential, but will be allowed to discuss the agreement with certain parties, including us as legal advisers, other professional advisers and their immediate family, or if required by law to do so.
  • Does not to make critical or derogatory statements about the employer.
  • Confirms that he or she has not committed any serious breach of his/her contract of employment. If, after the payment has been made, the employer discovers some misconduct on the employee’s part, it could attempt to recover the money paid to the employee.
  • Re-states restrictive covenants in the employment contract preventing the employee from, for example, joining a competitor or soliciting clients or employees for a fixed period after the termination of the employment.

Obligations on the employer tend to include:

  • That the employer will pay the employee’s salary and provide the employee with the usual employment benefits up to the termination date.
  •  Making a payment in lieu of notice (if the employee is not serving a notice period).
  • Payment of a termination payment by way of compensation for loss of employment.
  • That the employer will provide a reference to any prospective employer or agent that asks for one. It is common nowadays for employers only to give brief factual references, simply confirming job title and dates of employment. Whilst this can be a concern to employees, as it is a common practice, it is likely to have negative connotations with a future employer.
  • Obligations from the employer in respect of confidentiality and/or critical or derogatory comments, although these are often qualified.

Why is the agreement and correspondence marked ‘Without Prejudice and Subject to Contract?

 Most Settlement Agreements are stated to be ‘without prejudice’ until they are signed by both parties. This means that they are off the record and cannot normally be referred to in legal proceedings. Once the Settlement Agreement is signed, the terms become ‘open’ and legally binding and can be referred to in legal proceedings.

Settlement Agreements for Employees near Dulwich

If you have been offered a settlement agreement by your employers and asked to take legal advice, please do not hesitate in contacting us today. We have many years experience in dealing with employee related concerns. We can arrange in-person appointments in London or alternatively advise by video conference.

Settlement Agreements for Employers near Dulwich

Whether you are a large or small business, if you would like advice regarding an issue with your employees, we can help you. We have many clients who are employers and have years of experience in advising on employment disputes. Please contact us today.

Employment Law Advice near Dulwich

As well as offering advice on Settlement Agreements, we provide advice on all aspects of employment law including:

I live Outside of London, Can I still Speak To You?

Even though we are based in London, we have many clients further afield. If you are based outside of London, please contact us today and we can arrange a video or telephone conference. Face-to-face appointments in Dorset can also be arranged at Weston, Britwell Drive, Lulworth Cove, Dorset BH20 5RS.