Settlement Agreements

Resolving a dispute by negotiation is very often preferable to Court or Tribunal proceedings. However, to settle the majority of potential Employment Tribunal proceedings, a formal Settlement Agreement between the parties is required. Such agreements may come about as a result of negotiations before termination of employment or as a means of bringing some other dispute between employer and employee to an end.

For the Employee.

The benefit of a Settlement Agreement is that the employee may receive a sum of money, a reference or some other benefit without the need for taking or continuing Tribunal proceedings. It is a legal requirement that the employee should receive independent advice from a suitably qualified adviser, such as a barrister, as to the terms and effect of the proposed agreement. It is usual for the employer to pay for the provision of such advice.

At New Walk Chambers, there are several barristers specialising in employment law who are also qualified in Public Access, allowing the employee to instruct the barrister directly.

As well as advising on the terms of the proposed Settlement Agreement, the employee may also seek advice as to whether any more favourable terms could be negotiated. 

For the Employer.

The benefit for the employer of a Settlement Agreement is that it can be sure that the employee in question will not be able to pursue a Court or Tribunal claim against the employer for any of the matters covered in the Settlement Agreement.  Our barristers at New Walk can advise on the merits and cost benefits of settling a particular case, as opposed to the risks of  allowing the employee to bring proceedings. If settlement is achieved, it is important that the Settlement Agreement is clearly and accurately drafted, with the necessary formalities being fully explained to the employer client.

As well as offering Employment Law advice directly to employers and employees, through Public Access, our barristers also welcome instructions from solicitors who may not have employment law practitioners “in house” or who require advice or assistance from specialist Counsel with experience of conducting Employment Tribunal and Employment Appeal Tribunal proceedings.

Whether acting for the employer or the employee, distance and location are no obstacle. Our barristers have covered all points of the compass within the jurisdiction, from Tribunals in Southampton to Newcastle and from Exeter and Cardiff to Norwich. Advice is also available by telephone, e-mail or Skype and Teams. 

Barristers regulated by the Bar Standards Board.