Settlement Agreements are an effective means of dealing with developing or existing workplace difficulties. They allow the employer and employee to negotiate mutually acceptable terms on how to resolve their differences. Often, Settlement Agreements are used when the employment relationship has broken down, enabling both parties to gain a clean break.
Our Employment Solicitors have helped many businesses and individuals to negotiate and create successful Settlement Agreements. With a clear understanding of your needs and goals, we will ensure your position is strongly represented during negotiations with the other party. We aim to remove any stress you may have regarding the process and allow you to focus on other important matters, such as running your business or searching for new employment.
For assistance with your Settlement Agreement, contact our team today. We are here to help.
What is a Settlement Agreement?
A Settlement Agreement, sometimes referred to as a Compromise Agreement, is a legally binding contract between an employer and employee. They allow the parties to resolve their issues without the need to go to the Workplace Relations Commission or Labour Court.
One of the main benefits of a Settlement Agreement is that they provide certainty and control over the outcome – something that the Commission and Court do not offer. In many cases, that outcome is the termination of the relationship, and the Agreement will include the terms under which this will occur.
What Should be Included in a Settlement Agreement?
While there is no standard format for a Settlement Agreement, the most common contracts will include the following clauses:
- The date on which the relationship will come to an end.
- The employee’s acceptance that they waive their right to raise any future legal proceedings concerning their employment with the employer.
- The amount of compensation to be paid by the employer to the employee for waiving their entitlements.
- A non-disclosure clause, which states that the terms of the Agreement are confidential and neither party shall disclose them.
- A work reference from the employer.
Do I Need Legal Advice for a Settlement Agreement?
Settlement Agreements are complex legal documents and their contents are binding on both parties. Therefore, both parties must seek independent legal advice when entering into one. An Employment Lawyer will make sure your position is protected at all times.
Specifically, for employers, the advice you receive will be mindful of your business objectives, costs and reputation. For employees, your lawyer will make sure you are aware of your rights and what the consequences will be of waiving them.
Your legal team will ensure that the Agreement is drafted using clear and precise language to reduce the risk of uncertainty arising at any point.
Contact our Settlement Agreement Lawyers in Carrigart and Letterkenny, Co. Donegal
Our Employment Solicitors are proud to have helped many employees and employers to resolve their issues using Settlement Agreements. To find out how we can assist with negotiating and drafting a Settlement Agreement, or with any other Employment Law matter, call our team on 0749890190 or complete our online contact form and we will get back to you as soon as possible.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement, nor is it our practice to do so.
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