Your Settlement Agreement Solicitor

The Settlement Agreement Solicitor

Episode 15: Can I Still Settle After I Have Left My Job?

Hello and welcome back to Your Settlement Agreement Solicitor podcast, where I, Geoffrey Caesar, a solicitor of England and Wales with over 20 years of experience in settlement agreements, guide you through the complex but essential world of employment law. This is episode 15, and today, we’re tackling a question I get asked frequently: Can I still settle if I’ve already left my job?

The short answer is—yes, you can. But, as with all legal matters, the devil is in the details. Whether you’ve resigned, been dismissed, or left under mutual agreement, it’s often possible to negotiate a settlement agreement even after your employment has ended. In fact, settlement agreements are a common way of resolving potential disputes that arise after an employee has left. Let’s dive into how this works and why it might still be an option for you.

Why Settle After You've Left?

First off, let’s address why you might want to settle after your employment has already ended. If you’ve left on less-than-ideal terms—whether you feel you were constructively dismissed, made redundant without proper process, or even unfairly dismissed—there could still be unresolved issues. These issues could give rise to claims for unfair dismissal, discrimination, or unpaid wages, to name a few.

Instead of going through the lengthy and often stressful process of pursuing a tribunal claim, many individuals choose to settle. It’s faster, usually less expensive, and offers more certainty. A settlement agreement can also include elements that a tribunal simply can’t offer, such as an agreed form of reference, or an enhancement to your termination payment that you wouldn’t otherwise receive.

When Can a Post-Termination Settlement Happen?

You might be wondering when you can expect a settlement offer after leaving. Often, the possibility of a settlement arises after a formal grievance or potential claim has been raised. This might happen if you’ve sent a letter before action, or even after the employer receives notice that you’ve lodged a claim with the Employment Tribunal.
In some cases, the employer might initiate a settlement discussion themselves to avoid the costs and risks associated with legal proceedings. From their perspective, it’s often cheaper and easier to resolve the matter quickly and confidentially rather than letting it escalate to court.

If this happens, it’s crucial to ensure you’re getting a fair deal, which is where having legal advice comes in. Don’t rush into accepting the first offer without fully understanding the legal implications and potential compensation you could achieve at a tribunal.

What Can Be Included in a Post-Termination Settlement Agreement?

Now, what can a settlement agreement cover if you’ve already left your job? Well, pretty much the same things as if you were still employed. The agreement could include a final settlement payment to avoid any claims, and sometimes that payment can be significantly higher than what you’d receive from a tribunal award.

Other key elements may include:
An agreed reference: This is often one of the most important aspects for professionals seeking to move on to new employment. A good reference can make all the difference.
Confidentiality clauses: Both parties will likely agree not to disclose the terms of the settlement, ensuring privacy for both sides.
Waiving of claims: By signing the agreement, you typically agree to waive any claims you could bring, such as unfair dismissal, discrimination, or breach of contract claims.
Tax indemnity: If any part of the payment is taxable, the agreement might include provisions for dealing with that.
The Importance of Legal Advice

I can’t stress enough how important it is to seek legal advice before signing any settlement agreement, especially if you’ve already left the company. You want to ensure that any offer is in line with what you could realistically achieve if you took your claim further. Your solicitor will be able to help you assess the strength of your claims, negotiate a better deal, and guide you through the legal jargon to ensure you’re making an informed decision.

And remember, your former employer is usually required to contribute to your legal costs for the advice you receive on the settlement agreement, so it shouldn’t cost you anything out of pocket.

Can You Still Pursue a Tribunal Claim?

If you’ve left and your employer isn’t willing to settle—or if the offer isn’t reasonable—then yes, you can still take the matter to a tribunal. The key here is time. You usually have three months less one day from the date of your dismissal to make an unfair dismissal or discrimination claim. Settlement negotiations don’t stop the clock, so if things drag on, you’ll need to be mindful of that deadline.

Wrapping Up

So, to sum up: Yes, you can still settle after you’ve left your job. In many cases, it’s a smart option that offers a quicker, more predictable resolution than a tribunal claim.

However, it’s important to get professional advice to make sure you’re securing the best possible outcome for your situation.

If you’re in this situation, feel free to reach out to me for advice tailored to your circumstances.
Thanks for tuning into episode 15 of Your Settlement Agreement Solicitor. I hope you’ve found this episode useful. If you have any questions or would like to hear more about a specific topic, drop me a message on social media or through my website at yoursettlementagreementsolicitor.com.

Until next time, take care, and remember—settling smart is key to moving forward confidently.