Dealing with your settlement agreement

If you've been offered a settlement agreement, it must be reviewed and signed by a specialist employment adviser before it can be finalised. This helps protect you as an employee.

A specialist employment adviser will help you understand the implications of the terms within the agreement and the deal your employer has offered.

The settlement agreement should have been given to you in writing and your employer should allow you time to get legal advice on the terms they’ve offered. You must not agree to, or sign anything straight away - you need to seek advice from a specialist employment adviser as soon as possible.

If appropriate, your specialist employment lawyer can advise you on how to negotiate a better deal, or negotiate on your behalf. You can access further guidance from the Advisory, Conciliation and Arbitration Service (ACAS) or Citizen’s Advice.

Which? Legal can help

If you are satisfied with your settlement agreement our specialist employment advisers will give you advice on the terms so you fully understand what you’re signing and provide you with their Adviser’s Certificate. There is a separate fee for this, as this additional service is not included as part of a Which? Legal subscription.

The fee that our advisers charge is based on the amount your employer is proposing to contribute towards your legal fees. Your employer will usually cover the cost of you seeking legal advice on the terms and effect of the proposed agreement (so there is no further cost to you). The amount they are contributing, which is normally £250 plus VAT or higher, should be stated within your settlement agreement.

To find out more about how we can help simply give us a call.  You can also send your settlement agreement, and employment contract if you have it, to us straight away for assessment, using our secure online portal here.

If our service is right for you we will let you know within one working day and if you agree to our terms and conditions we can start work right away.

This service is right for you if:

• Your employment is based in England, Scotland or Wales
• The settlement agreement states it is subject to the laws of England, Scotland or Wales

You will have 14 days to cancel, but let us know if you change your mind as if we begin reviewing the terms of the settlement agreement we will begin to charge for providing the service.

If you need further legal advice

However, if you want to negotiate the terms of your settlement agreement, you can join Which? Legal, and as part of your membership, our friendly lawyers, who specialise in settlement agreements and are experienced in resolving all kinds of issues with the process, will help guide you through your negotiations with your employer.

Common questions we can answer include:

• Do I have to accept the sums my employer is offering me?
• Do I have to agree to sign a Settlement Agreement?
• Does my employer have to offer me a Settlement Agreement?
• How much will it cost me?
• How much time should I have to think about accepting a Settlement Agreement?
• What happens if we do not conclude the Settlement Agreement?