Settlement Agreements
The Employment Law solicitors at Banner Jones are specialists in both advising on, and preparing settlement agreements.
Settlement Agreements in Chesterfield, Sheffield, Dronfield and Mansfield
We can help with your settlement agreement
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.
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.
Common Settlement Agreements Questions
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. 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. 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 . 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: 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. 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. 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. 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. 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. 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. 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.
Can I be forced to attend work if a member of my household is a vulnerable person?
Can my employer dismiss me if I do not want to return to the office?
Can my employer reduce my salary?
Do we have to do anything else in our recruitment adverts?
Do we need to worry about these requirements if we employ people in their 50’s and 60’s?
How does age discrimination requirements effect the recruitment process?
How much will I be paid on furlough leave?
What are the conditions of age discrimination?
What year did the requirements of age discrimination come into effect?
Will I also receive my usual commission during furlough leave?
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
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