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The Employment Law solicitors at Banner Jones are specialists in advising on, and preparing, settlement agreements. We can help advise on:

  • The tax implications of the compensation to be paid
  • The inclusion of an indemnity for any tax
  • The provision and content of a reference
  • Restrictive covenants (whether existing or new) and confidentiality, as well as restricting comments after termination
  • The types of claims that shouldn’t be included in a settlement agreement

We understand that once a decision has been made to enter in to a settlement agreement, time is of the essence and we are able to work within very short deadlines, without any compromise on our level of service to you.

 

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Settlement Agreements in Chesterfield, Dronfield, Sheffield, Mansfield and Nottingham

Protected Settlement Discussions

Areas Covered

The Employment Law solicitors at Banner Jones are specialists in both advising on,  and preparing settlement agreements.

Settlement agreements (previously known as compromise agreements) are contracts that can be entered in to by an employer and an employee to settle any employment rights or claims that the employee may have.

They are usually used to terminate an employee’s employment, and if negotiated properly, are a very useful tool for employees and employers as they enable the employer to ensure that no future claims will be made by an employee, whilst allowing an employee to receive a financial payment (very often tax free) as compensation for giving up such rights. They save the need for employment tribunal proceedings which can be expensive and time-consuming, and may attract potentially damaging publicity.

In order to be binding, there are several requirements that must be fulfilled, however, the most important is that the employee must take independent legal advice on the contents and the effect of the agreement before agreeing to enter in to it.

If you have an employment problem, often it is something else for consideration within your case, so it is always worth contacting an employment law solicitor and finding out for certain.

At Banner Jones we can advise you on your legal rights regarding employment law, where they relate to the following:

  • Disciplinary and Grievance matters
  • Unfair Dismissal
  • Redundancy Advice
  • Discrimination in the Workplace
  • Bullying and Harassment
  • Ill health and Disability matters
  • Family Friendly Rights  
  • Contracts of Employment and Policies
  • Restrictive Covenants
  • Employment Tribunals
  • Settlement (Compromise) Agreements
  • Protected settlement Discussions
  • Trade Union Representation
  • Mediation
  • Funding your Employment Law Case

Expert Employment Law Solicitors

Our expert employment law solicitors are highly experienced and will treat each case uniquely depending on your circumstances. Our employment law specialists achieve solutions through confidential settlements and are always on hand to provide support when resolving employment law problems. We have worked on many employment law cases and each individual receives the upmost care and consideration throughout the case.

Excellent, speedy & professional help. Thank you Katie!

Mr J, Chesterfield

Extremely pleasant and friendly receptionist. My intention was to ring around several solicitors to get quotes, but after speaking to receptionist was happy to book an appointment.

Mrs M, Old Tupton

Banner Jones were really helpful, friendly and professional. Would definitely recommend and would not hesitate in using again.

Mrs C, Chesterfield

Very professional and showed empathy throughout.

Mr B, Walton

Could not have had a better service. Many Thanks

Mr H, Sheffield

I recently used Katie Ash for an employment settlement agreement. I found her to be very knowledgeable, friendly and she explained points clearly, and used understandable language.

Mrs H, Chesterfield

Professional yet personal & understanding. Excellent service

Mr P, Chesterfield

Katie is understanding, considerate and very kind and thoughtful in her manner.

Mrs L, Old Tupton

Straightforward explanation of each section of the settlement agreement with ample opportunity to ask questions and have “plain English” discussion. An open and friendly, but professional manner was evident from the advisor.

Mr R, Clay Cross

It was a real pleasure to meet with Katie Ash; she made my “getting legal advice” simple, straightforward with compassion yet professional.

Mr P, Rise Park

We have used Banner Jones for employment advice for over 20 years and the team have always found the best approach to resolve our problem

Mr. Richard Kay, Operations Manager, Stagecoach East Midlands

We’re really grateful for the work you did for us. 10 out of 10!

Mr & Mrs S, Bridlington

Very easy to make appointments, very personal service from all people at Banner Jones, my solicitor was very friendly and put me at ease. If I needed a solicitor again, Banner Jones would be the first on my list.

Mr C, Dronfield

Brilliant service, kept well informed all the way through the process. Would definitely recommend.

Miss H, Nottinghamshire

I was so impressed with Katie’s advice. She was very professional, to the point and helped me in what was a very difficult situation. Her advice gave me the confidence I needed and was a real boost.

Mr D, Chesterfield

Cannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.

Mr & Mrs D, Mansfield

Service provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.

Mr W, Nottinghamshire

I have always experienced complete satisfaction with Banner Jones and their services over the last 15 years.

Mr & Mrs R, Sheffield

A very pleasant experience in very unpleasant circumstances. Katie was on the ball, whereas my employer wasn't. Thank you Katie!

Miss M, Sheffield

Very efficient, friendly, personable and excellent service.

Mr F, Bolsover

Once again an excellent service. A friendly, professional and reliable. I was put at ease straight away and felt I could ask anything however big or small.

Ms H, Nottinghamshire

Excellent service from Sara Patel at Banner Jones. Thank you for the stress free way you helped me.

Mr S, Newbold

The service and information provided by Sara and the company has been friendly, professional and helped close my case swiftly.

Mr B, Chesterfield

Sara has been amazing throughout the process and I can’t thank her enough. Very professional, always few steps ahead of everything, making sure my case is being taken care of. Sara has been an amazing support on every level, I couldn’t have gone through it without her, she has been my rock. It was a pleasure working with her, I had total trust in her

Ms P, Chesterfield

Sara saw me at short notice and gave me excellent advice. She was able to negotiate with my employer to secure a favourable outcome. She worked very quickly and left me reassured that I was in very safe hands. 

Ms G, Sheffield

Great service.

Mr C, Sheffield

I would like to take this opportunity to thank you so much for your recent assistance with an employment matter. I would also like to give you feedback on some of my thoughts on my experience. Having found myself with an issue which was clearly very serious and a very short time scale to resolve it, I was extremely stressed and upset by the time I came to seek assistance. I had the good fortune to find your company on the internet and within a few short hours I was on the phone directly with yourself.

You were so professional and reassuring and immediately took ownership of the situation and within 24 hours you had resolved the issues to the satisfaction of all concerned. I realise that you had to spend time on the phone, late into the evening, but with the tight time scale it was necessary and I am very grateful that you would do this at such short notice. 

On a personal note your human and engaging style on the phone not only helped me from a legal point of view but provided the deepest level of support during a very distressing experience and as I have said i am lucky to have found you.

Mr M, Sheffield

Frequently Asked Questions

Can I be forced to attend work if a member of my household is a vulnerable person?

If you are living with a person who is pregnant, elderly, or suffering with a disability that means they are in a high risk group, your employer should consider adjustments, such as enabling you to work from home. If your employer still forces you to go to work, you may have a claim for constructive/unfair dismissal, particularly if your work environment does not have social distancing measures in place.

Can I be made redundant when on furlough leave?

Yes. You could be made redundant during or after furlough leave. However, employers are obliged to follow strict procedures when making employees redundant to ensure that you are treated fairly. They must still follow the same procedure if you are on furlough leave.

Can I request to be furloughed?

You can request to be placed on furlough leave, but the decision is ultimately your employer’s. If you have a condition that puts you at high risk, such as a particular disability, it would be reasonable for your employer to consider placing you on furlough leave, if this is what you have requested. Failure to act reasonably and fairly in such a scenario could mean you have a claim for discrimination. 

Can I work for my employer whilst on furlough leave?

You must not undertake any work that generates revenue for your employer or provides services to them. You can however, undertake training.

Can my employer dismiss me if I do not want to return to the office?

This will depend on your personal circumstances and the nature of your job role. For example, you may have a claim for unfair dismissal and discrimination if you are dismissed whilst ‘shielding’ following government advice, and you are able to carry out your work from home.

Can my employer reduce my salary?

Unless your employer has specified in your employment contract that it can reduce your salary, then no. If your employer proposes to reduce your pay, they must obtain your agreement. If your employer has reduced your wages without your consent, you may have a claim for unlawful deduction of wages and / or constructive dismissal if you chose to resign .

Do we have to do anything else in our recruitment adverts?

You need to be able to justify if you are asking for certain levels of experience. Advertising for a bus driver who is safe and has had previous experience is one thing advertising for a bus driver with 10 years’ experience is another. The first option leaves your job advert open for all ages to apply. The second rules out individuals who may be in their early twenties.

 Other points to consider when recruiting new employees:

  • Ensure whoever is interviewing potential employee’s scores interviewees on their skills and competencies as opposed to their age.
  • Although they are not discriminatory themselves consider removing any reference to age on your job application forms.
  • Don’t ask a potential employee for a physical fitness test unless you require them. 

Once you have selected an appropriate employee ensure managers and staff are trained to monitor and avoid any discriminatory behaviour. Also make sure it is clear within any policies you have that discrimination in any form is unacceptable. Ensure managers are fully trained in diversity issues and that they are able to deal with discriminatory issues that arise within the workplace.

Do we need to worry about these requirements if we employ people in their 50’s and 60’s?

Yes you need to be aware of these requirements if you employ anyone of any age. They affect every area of employment as well as the recruitment and selection process. The requirements not only make it unlawful to discriminate on the grounds of age but also harassment whether it be intentional or unintentional or to victimise an individual. 

You need to worry not only about your own actions but also your fellow employees who must be discouraged from making offensive or unkind comments about age or anything in between.

 As with other areas of discrimination if your employee can demonstrate that there has been a difference in treatment which is due to discrimination it is solely down to you the employer to show otherwise or for you to prove that you have done everything in your power to stop such discrimination. There are no limits to discrimination awards and often they include an aspect for suffering, failure to do so can be expensive. 

 

How does age discrimination requirements effect the recruitment process?

When you are recruiting employees you need to ensure you are not discriminating for or against anyone due to their age. This means you cannot advertise specific age requirements in any of your job adverts unless you can justify them.

How much will I be paid on furlough leave?

This will depend on what you agree with your employer. Under the CJRS, HMRC will pay 80% of your wages (subject to a cap of £2,500). Provided your employer does not have a contractual right to reduce pay in your employment contract, if your employer intends to only pay you 80% of your wages, they would need your agreement to do so.

What are the conditions of age discrimination?

In 2011 legislation new legislation was introduced making it unlawful to treat anyone differently due to their age except if it could be justified or falls within one of the exemptions to the law. The retirement age of 65 has now been phased out meaning employers can now only forcibly retire workers if it can be justified.  

 

What year did the requirements of age discrimination come into effect?

The Employment Equality (Age) Regulations came into effect in October 2006. The retirement age of 65 was phased out between April 2011 and October 2011.

Will I also receive my usual commission during furlough leave?

If your commission is contractual, then yes (subject to above). If not, your employer will not have to pay you commission you would usually earn.

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