You can agree with your current employer to settle any disputes. However, you must also check how it can impact your prospects of finding new work.
These agreements typically contain clauses that benefit both parties. However, conflicts can still arise.
Currently, many employers are implementing cost-saving measures to ensure the growth and stability of their businesses.
One of the most significant expenses is employee salaries. Therefore, a settlement agreement allows both parties to end their working relationship. Moreover, it dismisses any claims against one another in exchange for a severance package.
If your employer offers such an agreement, there’s no need to panic. It could be an opportunity to start something new.
However, it’s crucial to negotiate the best possible deal to provide you with sufficient time to find new employment.
What Is An Employee Settlement Agreement?
Employee Settlement Agreement assists in officially ending your employment by mutual agreement between you and your employer.
Your employer may offer you money in exchange for your agreement not to take legal action against them in a court or tribunal. This agreement is important and requires careful consideration.
Furthermore, your employer may also ask you to keep the agreement’s details confidential. This includes the amount of money and the reasons for the agreement.
How Does The Employment Settlement Agreement Affect You?
Given below are the two most important future work scenarios that can be affected by the employment settlement agreement—
1. Ability To Get Work
Employment settlement agreements often include rules that limit someone’s ability to work in a certain field after leaving their current job. These rules are called restrictive covenants.
These covenants can prohibit you from working for a direct competitor. It can restrict you from taking a role that could harm your former employer’s reputation or business relationships.
Furthermore, it comes with confidentiality clauses. These clauses further limit the sharing of sensitive information.
When an employee resigns to work for a competitor, they may be required to serve a ‘garden leave.’ This is when you will face restrictions in attending work or contacting clients.
This measure prevents individuals from using confidential information or relationships to benefit their new employer.
If a garden leave clause is not included in the employment contract, the employer might include it in the settlement agreement. This helps them safeguard their business interests.
Therefore, carefully comparing the restrictive covenants in the settlement agreement is vital. Compare the clauses with the original contract before accepting any limitations. This can help you ensure that all parties are comfortable with the terms.
2. Effect On References
When negotiating a settlement agreement, an employer may request you to provide a reference that meets their satisfaction.
It’s important to note that this clause is not a legal obligation. Therefore, an explicit request is necessary during negotiations.
Moreover, the agreement should include the specific wording of the reference clause agreed upon in advance.
Having a reference clause can benefit both parties. It can help ensure that the employee receives a positive reference. This clause protects the employer from any potential legal issues.
Therefore, discussing this clause and its wording thoroughly during negotiations is crucial. It will help you avoid any misunderstandings or disputes later on.
Breaching The Employment Settlement Agreement
It is critical to abide by the terms outlined in the settlement agreement. The agreement includes the confidentiality clauses discussed earlier.
In case of any violation, such as disclosing confidential information, you may be subject to legal consequences.
This may include returning the settlement amount received from your employer. Also, you have to reimburse any legal expenses incurred during the negotiation process.
Additionally, your employer may have the option to pursue further legal action against you. This can lead to severe legal repercussions and financial implications.
Therefore, it is essential to understand the significance of adhering to the settlement agreement’s terms. It can help you avoid any potential legal and financial liabilities.
How To Secure Your Position?
Settlement Agreements include confidentiality clauses that limit your ability to share the terms and details of the agreement with others. These clauses are often very strict. They can prohibit you from even mentioning the existence of the Settlement Agreement or the circumstances that led to it.
Employers take these clauses very seriously, and breaching such terms can have serious consequences.
However, it is common to want to discuss the situation with others. This can include your immediate family or a prospective employer.
Moreover, experienced employment solicitors london can provide detailed advice on your obligations under the agreement. They can suggest amendments to the wording of these clauses. This can ensure that your interests are fully protected.
The goal is to help you navigate the terms of the agreement. However, they also ensure that you can communicate with the necessary parties. With their help, you can do this in a way that does not put you in breach of the agreement.
Things To Look For In The Agreement
The agreement for settlement outlines the conditions in which you agree to relinquish your employment rights. Therefore, it should clarify the payments to be received, which typically include:
- Notice pay.
- Your salary and benefits up to the termination date.
- Compensation payment that may cover your entitlement to statutory redundancy pay (if applicable).
- Accrued holiday pay.
Moreover, settlement agreements often contain provisions that govern future conduct (on both sides), such as:
- Returning company property.
- Refraining from making derogatory comments about one another.
- The provision of references to prospective employers.
- The statement to colleagues and third parties regarding your departure.
Your lawyer will be able to explain the implications of these provisions. They can advise you on whether the wording is fair and justifiable.
Settlement Agreement Tenure
When your employer gives you a settlement agreement, it’s important to take the time to consider it carefully before signing.
Employers typically set a deadline for the return of signed agreements. However, they must give you a reasonable time to review it.
The ACAS Code of Practice on Settlement Agreements recommends at least 10 days for this purpose. During this time, you should also seek legal advice.
Consulting a lawyer specializing in employment law issues is essential to ensure a fair and effective outcome. They can help you identify potential claims and awards and assess the reasonableness of the proposed settlement.
Therefore, it is a critical step in your career. It can affect how your departure is perceived and your future employment prospects. Therefore, having the right person on your side is crucial.