The Employment Tribunal has ruled that a child care centre acted unfairly when it dismissed a nursery worker over allegations that she encouraged children to kick and taunt a colleague. The case involved Miss S Flynn who had been the team leader in the baby room at the Tender Loving Childcare Centre in Kirkintilloch, Scotland
Our employment solicitors have a wealth of experience in providing employees with independent legal advice on Settlement Agreements are here to help you guide you through the process from start to finish.
Talk to one of our friendly and experienced team on 01582 514000
Settlement Agreements can arise in many different circumstances. The most common reasons for an employee receiving a Settlement Agreement include:
- Voluntary redundancy
- Resolution of a dispute with your employer
- Amicable termination of your employment where your employer requires an Agreement to be in place
A Settlement Agreement will almost always bring your employment to an end. However, it will usually require that you surrender valuable legal rights and as part of the process you will be required to take independent legal advice. Our employment solicitors have a wealth of experience in providing employees with independent legal advice on Settlement Agreements are here to help you guide you through the process from start to finish.
What is a Settlement Agreement?
A Settlement Agreement (previously called a Compromise Agreement) is a legally binding contract, often used to settle potential claims you may have against your employer, or simply to bring your employment to an end on mutually agreeable terms.
It will typically involve you agreeing not to bring any Tribunal or other court claims against your employer in exchange for an agreed sum of money and/or an agreed reference or benefits. A Settlement Agreement can also be used where employment is ongoing but both parties want to settle a dispute which has arisen between them.
How can Machins Solicitors LLP help me?
As you are likely to be required to waive your valuable employment rights to bring a claim against your employer, a Settlement Agreement will only be legally binding if you have taken independent legal advice on its terms and effect. This is why it is important that you are properly advised before you enter into a Settlement Agreement.
The Employment team at Machins are approachable and experienced. We provide comprehensive employment advice at all levels of seniority in a range of different industries. We can answer questions you might have on the agreement, for example:
- Am I entitled to a reference?
- Can I tell anyone about the Settlement Agreement?
- How long does the process take?
- What are my rights if my employer doesn’t comply with the Agreement?
- What claims may I have if I don’t sign the Agreement?
We will ensure you are properly advised about your legal position and how entering into the Agreement will affect your employment rights. Our priority will be ensuring that you are adequately protected under the terms of the Agreement, while receiving fair and sufficient compensation for your loss of employment and the surrendering of your employment rights.
Frequently Asked Questions
I have been asked to accept a settlement agreement by my employer, what are my options?
Can I ask for a settlement offer to be increased?
What happens if I can’t agree terms with my employer?
Can I suggest a settlement agreement?
Do I have to take legal advice on the agreement?
What will it cost me?
Does my employer have to cover all my legal costs in obtaining advice about my settlement agreement?
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