Leaving a workplace can be difficult, even in the best of circumstances, but especially if you part on bad terms. One way to help ensure a smoother and more amicable parting is by using a settlement agreement, but can an employee request a settlement agreement?
To help you understand your rights at work, the experienced team of solicitors at Wilson Browne explain when an employee can request a settlement agreement as well as the various reasons as to why an employee might make this request.
How to get a settlement agreement at work?
Sometimes employees may feel that conditions at work are becoming intolerable and that they would like to move. It may be that they feel they are being managed out of employment, or that the performance goals they’re being asked to meet are unrealistic. An employee may have had a prolonged illness, or tensions within the workplace may have become unbearable.
An employee may be at the point of considering making a compensation claim as a result of something that has happened in the workplace. In some cases, an employer may have been unwilling to help resolve the issue and the employee might feel that they are being forced out of their employment.
When this is the case, an employee may be able to make a claim for constructive dismissal. To avoid a claim, an employer may then respond positively to a request for a settlement agreement. This can help bring employment to a mutually beneficially end while ensuring that the employee receives adequate compensation.
Can an employee request a settlement agreement?
Yes, while employers are generally the first to offer their employees a settlement agreement, employees can also request a settlement agreement. They can either ask for a settlement agreement themselves or with support from a qualified advisor or solicitor.
Regardless of whether the employer or employee is the one initiating settlement agreement discussions, we always recommend reaching out to an experienced solicitor or qualified advisor. With the right professional guidance, you can improve your understanding of your workplace rights and legal jargon.
Why would an employee request a settlement agreement?
If you, as an employee, feel that you are being managed out of the workplace with intolerable conditions or have been asked to meet unrealistic performance goals, you may want to consider asking your employer for a settlement agreement.
Other reasons for an employee requesting a settlement agreement can also include escalating workplace tensions as well as prolonged illness affecting your workplace duties.
Moreover, if an employee is considering making a compensation claim following a workplace incident but wants to avoid the often costly and time-consuming process of an employment tribunal, it may be wiser to request a settlement agreement.
Should you request a settlement agreement?
In many cases, requesting a settlement agreement as an employee can be incredibly beneficial. From allowing you to part ways more amicably and professionally, to helping you to avoid the expense and effort of an employment tribunal, there’s plenty of advantages.
However, it’s always worth contacting a qualified advisor or solicitor if you want to negotiate better settlement agreement terms or are considering going to employment tribunal instead.
Receive expert settlement agreement advice
Here at Freeman Jones Solicitors, we offer a wide range of settlement agreement services. We can provide unparalleled legal support with settlement agreement negotiations, your workplace rights as both an employer and employee, and even employment tribunals, if required.
To learn more about the various settlement agreement services provided by our expert legal team or to book your free, no-obligation, 20-minute consultation, please feel free to give us a call on 01244 506 444.
To support customers across the UK, we’ve opened Freeman Jones Solicitors branches in Chester, Liverpool, Warrington, and Wrexham. Alternatively, we can also meet you at a more convenient location closer to your business premises, if required.