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From Offer To Completion

The Settlement Agreement Process

Being presented with a settlement agreement does not mean you need to sign it immediately. The agreement should be reviewed carefully so you understand the payments being offered, the employment rights you are being asked to waive and any obligations that will continue after your employment ends.

Our role is to explain the agreement clearly, advise you on its legal effect and help you decide what to do next.

Typical Process
  • Send us the settlement agreement and tell us about any deadline your employer has given you.
  • An employment solicitor reviews the agreement and the key terms.
  • We explain the agreement and its legal effect to you.
  • You decide if you are happy with the terms or want to discuss possible changes.
  • If the agreement is acceptable, the final documents can be signed.
  • The agreement then takes effect in accordance with the terms agreed between you and your employer.

Send Us The Documents

Send Us Your Settlement Agreement

The first step is to send us the complete settlement agreement you have received from your employer. You should also tell us about any deadline your employer has given you for responding.

Sending the complete document allows us to see the proposed payments, termination arrangements and the clauses your employer is asking you to accept.

Useful Information To Send
  • The complete settlement agreement.
  • Your employer's deadline for responding or signing.
  • Your current salary and notice entitlement.
  • Your employment contract if relevant to the issues in the agreement.
  • Details of any bonus, commission, holiday pay or other payments you are expecting.
  • Any particular concerns or clauses you would like us to discuss with you.

Reviewing The Terms

Your Solicitor Reviews The Agreement

We review the agreement before advising you so the discussion can focus on the terms that matter to you and any provisions that need further explanation.

The review considers both the financial terms and the legal obligations contained in the agreement.

What We Will Look At

  • Settlement or compensation payment.
  • Salary and other payments due up to termination.
  • Notice pay or payment in lieu of notice.
  • Outstanding holiday entitlement.
  • Bonus, commission or other contractual payments where applicable.
  • Confidentiality provisions.
  • Employment reference wording.
  • Restrictive covenants and post-termination obligations.
  • The employment claims and rights covered by the agreement.

Consider Your Options

Decide If Any Changes Are Needed

Receiving a settlement agreement does not mean that you have to accept every term exactly as it has been presented.

If there are terms you are not comfortable with, we can explain which points may be appropriate to raise with your employer.

Possible Changes

  • The amount of the settlement payment.
  • Notice arrangements.
  • Holiday pay or outstanding contractual payments.
  • The wording of an agreed reference.
  • Confidentiality provisions.
  • Restrictive covenants.
  • The agreed termination date.
  • Other terms that affect your position after employment ends.

If you would like us to negotiate directly with your employer or its solicitor, this can involve additional work. You can read more on our settlement agreement negotiation page.

When You Are Ready

Signing The Settlement Agreement

Once you understand the agreement and any required amendments have been dealt with, you can decide if you want to accept the final terms.

If you choose to proceed, the final agreement can be signed and your solicitor can complete the appropriate independent adviser documentation required by the agreement.

A settlement agreement is voluntary. You are not required to accept the initial terms simply because your employer has offered them.

After Signing

Completion And Payment

Once the agreement has been signed by the relevant parties and the required formalities have been completed, the obligations set out in the agreement take effect in accordance with its terms.

Your agreement should explain when your employment ends, when any settlement payment is due and any obligations that continue after termination.

Financial Terms Payments

The agreement should specify the payments due to you and the timetable for payment.

Employment Termination Date

The agreement should set out when your employment ends and how your notice period is being dealt with.

After Leaving Continuing Obligations

Some provisions, such as confidentiality or restrictions, can continue after your employment has ended.

Reference Agreed Wording

If a reference has been agreed, the wording or arrangement should normally be recorded in the settlement agreement.

Before You Sign

How Long Should I Have To Consider The Agreement?

You should be given a reasonable period of time to consider the written settlement agreement and obtain independent advice.

The Acas Code of Practice gives a general recommendation of at least 10 calendar days to consider the formal written terms and obtain independent advice, unless the parties agree otherwise.

Have you been given a shorter deadline? Send us the agreement and tell us the date your employer has asked you to respond by. We can take that deadline into account when reviewing your matter.