Settlement Agreement Solicitors in North Wales & Cheshire

Are you in the process of being made redundant or in the midst of an ongoing dispute with your employer?

Whether you are one of the tens of thousands of people being made redundant due to the economic impacts of the Coronavirus pandemic, whether you’re in the midst of a disciplinary process or you have an ongoing dispute with your employer, you may be entitled to or even offered a Settlement Agreement by your employer.

At PSR Solicitors our team of specialists will advise you fully on the implications of signing the Settlement Agreement, we will negotiate on your behalf to ensure you are offered the optimum sum and most favourable terms that reflect the seniority of your position and the value brought to your employer's company during your employment. We always endeavour to negotiate the terms of your Settlement Agreement in a positive way ensuring your exit from the company is on fair and amicable terms, providing you with a suitable financial settlement and a strong employee reference, with which to move forward in the next step of your career.

Our Lexcel Accreditation proves that you are guaranteed an exceptional client service throughout the process, keeping you involved and informed at every stage, whilst our experience and expertise ensures we will resolve your settlement agreement within the anticipated deadlines, and within the legal costs contribution from your employer.

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What is a Settlement Agreement?

A Settlement Agreement (formerly known as a Compromise Agreement) is legally binding contract made between an employer and employee, ordinarily following the termination of an individual’s employment, either due to redundancy or dismissal, and aims to set out the full terms between both parties.

It can also be used as a mechanism for concluding an ongoing dispute between an employer and their employee, i.e. dispute regarding discrimination, unpaid wages, or unfair dismissal.

In order for the Settlement Agreement to be legal binding the employee must receive independent legal advice from a qualified legal professional, who will be required to sign the agreement to certify that legal advice was given.

At PSR Solicitors, we are experienced in providing expert, independent legal advice in relation to settlement agreements so if you are due to be made redundant or are currently in dispute with your employer, contact us.

Your questions answered

A settlement agreement is often in the best interest of both parties, the employer has the peace of mind that they will not have to deal with a claim at a later date from that employee.

In return for sacrificing the right to claim at a later date, the employee will often be able to negotiate an enhanced severance package and, dependant on the circumstances of the termination of employment, sometimes be able to secure a more favourable reference.

The Advisory, Conciliation and Arbitration Service (ACAS) Code of Practice on settlement agreements recommends that you should be given at least 10 calendar days to consider any offers of settlement, however, this can be more or less if agreed between the parties.

Recognised by statute, a settlement agreement is legally binding if certain criteria are fulfilled, a key one of which is that the employee must receive independent legal advice from a qualified legal professional, who will be required to sign the agreement to certify that legal advice was given.

At PSR Solicitors, we are experienced in providing expert, independent legal advice in relation to settlement agreements and will ensure that you receive relevant and accurate advice.

Your employer should expect to pay a contribution towards your legal fees, which will typically vary from £300 - £500 (plus VAT).

PSR Solicitors offer an unrivalled Fixed Fee structure of £300.00 plus VAT.

PSR Solicitors will always endeavour to recoup our fees by seeking payment from your employer rather than from you and hence, you will receive the full amount owed to you as stated in the Settlement Agreement.

This should be specified within the agreement, where a time limit for payment of the compensation element of the agreement will be stated.

Whether tax is payable depends on the structure of the payment. You will ordinarily be required to pay tax and national insurance on any wages and holiday pay. Where payment is being made in compensation for loss of employment, the first £30,000 of a settlement is usually be paid free of deductions for tax or national insurance contributions. Redundancy payments up to £30,000 (both contractual and statutory) are usually tax-free. By virtue of the fact that certain components of the compensation are paid free from tax and national insurance deductions, a tax indemnity is always given by the employee.

Ordinarily, you will only be able to make four types of claim.

If your employer breaches the agreement
Personal Injury claims are normally still allowed – although your agreements may include exclusions for claims in respect of injuries you were already aware of at the time of signing the agreement, as this may have been factored into the compensation calculation.
Sexual harassment, if you believe the sexual harassment may be a crime.
You should still be able to make claims in respect of accrued pension rights.

This depends on the terms of the agreement. Some include confidentiality clauses which prohibit you from discussing the terms of the agreement, whilst allowing you to tell people that you came to an agreement with your employer. Others prohibit you from even discussing that a settlement agreement has been agreed.

An agreement may include a non-derogatory statement clause – this prohibits you from making derogatory comments about the company and people that work for the company. It is therefore advisable to err on the side of caution and be careful about what you say about your employer or previous colleagues in public, as your comments could feed back to the employer.

Sadly not, there is generally no obligation for an employer to provide you with a job reference, so it is always advisable to ensure that one is attached to the Agreement which becomes binding on your employer. If a reference clause is included in the agreement, and you are yet to agree one with your employer, you must ensure you seek the advice of your legal representative to help you to negotiate the content of the reference.

Our expertise in handling Settlement Agreements

Settlement Agreements are a specialist area of Employment Law so it is vital that you instruct a firm of solicitors with the required skill and expertise to secure you a positive outcome.

PSR’s Settlement Agreement Solicitors have been negotiating settlement agreements for over 10 years, using their skills and experience to ensure clients understand their options throughout the process, their rights are protected and that they receive the best settlement terms available.

By instructing PSR Solicitors you are guaranteed a legal team with the technical knowledge and experience to ensure the most favourable settlement terms possible, whilst negotiating a compensation package that reflects the strength of your potential claim

We have a formidable reputation across the industry for resolving even the most difficult of cases within the anticipated deadlines, and within the legal costs contribution from your employer.

Contact our Settlement Agreement Solicitors...

Established in 2009, PSR is one of the leading firms of Settlement Agreement Lawyers across North Wales, Cheshire & the Wirral. With offices in Colwyn Bay, Ellesmere Port, Rhyl, Shotton, Wrexham & Wallasey, we are best placed to advise you on all aspects of Settlement Agreements.

Our Lexcel Accreditation assures you of unrivalled client service. As a client of ours, you will always know who exactly is dealing with your Settlement Agreement at every stage, being allocated a dedicated Settlement Agreement Expert to manage the process from start to finish, with our streamlined process allowing us to offer expeditious advice to ensure the frequent deadlines met and ensuring your agreement within the anticipated timescales and within the legal costs contribution from your employer, invoicing your employer directly in respect of their fee contribution.

Our Settlement Agreement Lawyers are an integral part of our wider Dispute & Litigation Solicitors & The North West, Contact us for a free, no-obligation chat about your situation and what your employers have offered so far. We will be happy to assist and answer any initial questions you may have.

Your key contacts for Settlement Agreements

PSR Solicitors are recognised experts in resolving disputes and debt related matters in North Wales & Cheshire.

Nia Edwards

Solicitor - Head of Private Client & Probate

I am Head of ‘Private Client’ at PSR Solicitors, based in our Shotton office. I undertake various types of legal services such as Wills and Probate, Estate Administration, Lasting Powers of Attorney, Landlord & Tenant as well as Divorce and family matters.