Sometimes an employer will wish to remove an employee from its business, with the comfort of a settlement agreement. A settlement agreement can be used for an employee who is employed at any level. A settlement agreement is a legal document which requires the input of an independent legal adviser, without which it is not binding.
We are experts in guiding employers through the process of termination via a settlement agreement. This process often requires an employer to undertake a ‘protected conversation’ with an employee. The protected conversation process involves a number of key rules in order to avoid the conversation losing confidentiality and being aired in an Employment Tribunal in a future claim of unfair dismissal. There are also strict rules around the admissibility of Equality Act 2010 claims (plus many others) as these are not afforded the protection offered by a protected conversation process.
We undertake a risk assessment on behalf of the employer to ensure that all claims are covered by the protected conversation process. We advise on the current terms of the contract of employment, including any post-termination restrictions.
We draft all relevant documentation (which can include new post-termination restrictions), including a script for the employer’s use, the settlement agreement and a letter to accompany the settlement agreement. We are also experienced at negotiating the sums involved and reducing any conflict that may arise during the settlement agreement or protected conversation process.
Please get in touch if you require any support connected to the settlement agreement process.