If you are offered a settlement agreement, then it is a requirement of that agreement that you take independent legal advice before signing it, in order for it to be binding.

Whilst some employers suggest a list of solicitors who the employee may want to contact for independent legal advice on the settlement agreement, most employers do not attempt to prescribe who the employee should get advice from and most employers will contribute to the cost of your obtaining independent legal advice.

Occasionally however, the employer will say that if you instruct someone who is not on their list of preferred solicitors, they will not make the contribution to legal costs. While they may claim that this does not prevent the employee from instructing whoever they wish, it arguably has the purpose or effect of disincentivising the employee from instructing any solicitor who is not on that list. That in turn could undermine the independence of any advice then received, as well as calling into question the effectiveness of the agreement to settle any claims arising.

Reculver Employment Solicitors will always act fully independently and in your best interests. If you instruct us to advise you on the Settlement Agreement you have been invited to enter into, we will:

1. Advise on whether any claims arise on the termination of your employment

2. If so, advise you what those claims might be worth

3. In the light of that information, advise you whether the sum offered is reasonable in the circumstances

4. Explain the meaning and effect of the agreement to you and advise you whether in our view anything needs to be amended or changed.

5. Negotiate on your behalf if appropriate.

Call us on 0207 118 0950 or email us on info@reculversolictors.co.uk for more information or follow this link: Frequently Asked Questions on Settlement Agreements.