Negotiating a settlement agreement

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If you’re struggling to negotiate a settlement agreement that allows you to leave your current workplace on mutually agreeable terms, or are unsure which legal advice you should follow, reaching out to an experienced settlement agreement solicitor is crucial. Regardless of whether you’d like to learn more about the most effective settlement agreement negotiation tactics or require professional support with negotiating a settlement agreement, we can help. Here at Freeman Jones Solicitors, we’ve worked for and alongside employers and employees to help draw up befitting settlement agreements.  Our experienced settlement agreement solicitors understand how to negotiate a settlement agreement and how long this process can take.

Can a settlement agreement be negotiated?

Put simply, yes, settlement agreements can be negotiated.  Employees have the right to negotiate the terms of a settlement agreement instead of agreeing to the first proposal from their employer.  In fact, settlement agreements can present a perfect opportunity to try settlement agreement negotiation tactics.

Can you counter offer a settlement offer?

Yes, you can suggest a counteroffer when given a settlement offer from your employer.  Once you receive a settlement offer, you will have several options; accept the offer, reject the offer, or draw up a counteroffer.  Before you commit to any one of these actions, however, you should take the original settlement offer to a dedicated solicitor who can review the agreement and advise you as to the best route forward. Unless the settlement agreement is particularly favourable, your solicitor will often advise you to begin settlement agreement negotiations with a separate counteroffer.

How to negotiate the best deal on a settlement agreement

Between settlement agreement negotiation tactics (such as whether you decide to take a gentler or far stricter approach) and knowing how much to ask for, negotiating a settlement agreement isn’t always straightforward. Fortunately, the first step to settlement agreement negotiations is always seeking guidance from a professional solicitor.  By taking an individual approach, an experienced settlement agreement solicitor can provide you with tailored legal advice, ensuring you don’t ask for too much or too little, or adopt an approach that could complicate or worsen your current situation. For example, in the case of being offered a settlement agreement instead of being made redundant, a gentler approach may encourage your employer to increase their offer.  By simply explaining how much you’ve contributed to the success of the business, you may be able to negotiate a more favourable agreement. On the other hand, if your employer is offering you significantly less than you believe you would receive following an employment tribunal, it may be more beneficial to adopt a stricter approach.  If you have a poor relationship with your employer, or are already considering legal proceedings, this route may prove more effective.

What are the benefits of negotiating a settlement agreement?

The biggest benefit to negotiating a settlement agreement is that you can avoid the time-consuming process of going to an employment tribunal without having to accept an unfavourable initial settlement agreement offer. While employment tribunals can sometimes offer the employee the opportunity to receive greater gains, it also comes with significant risks.  In general, settlement agreements provide more outcome certainty and confidentiality for both the employer and employee, and are also less stressful, costly, and drawn-out. As a result, settlement agreement negotiations are often used to help settle disputes early, more swiftly, or more amicably.

How long does it take to negotiate a settlement agreement?

There’s no set period of negotiation for settlement agreements because they vary depending on each specific case – everyone is different in complexity and situation.  While most settlement agreements are implemented when an employee’s role within the company is terminated, these agreements can also be used by employees to prevent their employers from treating them either unlawfully or unfairly.

Professional support with negotiating a settlement agreement in the UK.

When it comes to getting the most out of your settlement agreement, it pays to have an experienced solicitor on hand who can offer expert support during these settlement agreement negotiations.  Fortunately, the professional legal team at Freeman Jones Solicitors has years of invaluable experience supporting employers and employees alike through this process. We’re experts at helping each party to negotiate fair or more favourable settlement agreement terms, clauses, and compensation.  Seeking professional support from a dedicated settlement agreement solicitor can be especially beneficial if you’re eager to bring about a swift resolution to a potentially complicated or sensitive workplace issue. If you’d like to learn more about how to negotiate a settlement agreement, our variety of legal services, or would like to discuss your specific solicitor requirements with a member of our team, don’t hesitate to call us today on 01244 506 444. Alternatively, why not pay your local Freeman Jones Solicitors branch a visit? With offices in Chester, Liverpool, Warrington, and Wrexham, you’re never too far from receiving expert support. You can also get in touch via email using the address or by using our convenient online contact form. Once we’ve received your enquiry, a member of our expert legal team will be in contact shortly to find out more or schedule your free, no-obligation, 20-minute consultation.

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Author Colin Freeman View Profile
Colin qualified as a solicitor in 1998. He specialises predominantly in family law, litigation / dispute resolution, wills, probate and settlement agreements and has notable cases reported in the Court of Appeal and High Court.
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