A settlement agreement, also known as a compromise agreement, is a legally binding contract between an employer and an employee. It usually arises when an employee is leaving their job and there may be issues that need to be resolved such as redundancy, discrimination, or unfair dismissal.
Practical Law is a trusted resource for legal professionals to find guidance and practical advice on a variety of legal topics, including settlement agreements. If you are an employer or employee involved in a settlement agreement, it is important to be aware of the practical considerations involved.
Firstly, it is important to understand that a settlement agreement must be in writing and signed by the employee. It must also specify the claims the employee is waiving and that the employee has received independent legal advice on the agreement. This means that both parties need to engage a lawyer to review and advise on the terms of the agreement.
One of the key benefits of a settlement agreement is that it provides certainty to both parties. Once the agreement is signed, the employee agrees not to pursue any claims against the employer and in return, the employer provides a financial settlement. This can avoid the need for a prolonged and costly legal dispute.
When negotiating a settlement agreement, it is important to consider the tax implications of any payment made to the employee. The first £30,000 of a settlement payment is usually tax-free, but any amount above this may be subject to income tax and National Insurance contributions.
It is also important to consider the timing of the settlement agreement. An employer may want to wait until the employee has left the company before negotiating a settlement agreement, as this reduces the risk of a claim being made against them whilst the employee is still in employment.
Overall, settlement agreements can be a useful tool for both employers and employees to resolve disputes and avoid lengthy legal proceedings. However, it is important to seek independent legal advice and consider the practical implications before entering into any agreement. Practical Law is a valuable resource for anyone involved in a settlement agreement and can provide guidance on the legal requirements and practical considerations involved.