Your Settlement Agreement Solicitor

The Settlement Agreement Solicitor

Episode 3: Where can I get independent legal advice about my settlement agreement?

Hello and welcome back to the Settlement Agreement Solicitor, the podcast where we break down everything you need to know about settlement agreements and help you navigate the intricacies of employment law with confidence. I am Geoffrey Caesar, and today I am tackling an essential question: where can I get independent legal advice about my settlement agreement?

If you're an employee facing a settlement agreement, you might feel a bit unsure about what steps to take. The good news is, by law, your employer is required to ensure that you receive independent legal advice before the agreement becomes binding. But not all advice is created equal, and today I'm going to explain why getting advice from a solicitor who specialises in settlement agreements might just be one of the best decisions you can make.

Why independent legal advice is essential

Let's start with the basics. For a settlement agreement to be legally binding, the law requires that you, as the employee, receive independent legal advice about the terms and effect of the agreement. Why is this necessary? Simply put, a settlement agreement often involves you giving up significant employment rights. particularly the right to bring any future claims against your employer. So, ensuring you fully understand what you're signing away is critical.

It is not enough to receive advice from just anyone. The law defines exactly who can provide this advice, and you have to choose carefully. While trade union advisers, voluntary sector advisers and even some legal executives are authorised to act in this capacity, I strongly recommend opting for a solicitor who specialises in settlement agreements.

Let's explore why.

Firstly, let's take a look at who can advise you.

Under the law, there are several categories of professionals who can provide independent advice. Let me briefly run through them:

1. Qualified lawyers. This includes solicitors or barristers who hold practising certificates and are authorised to conduct litigation or appear in court. They are the most common and generally the most comprehensive source of advice.

2. Trade union advisers. If you're a union member, there may be officers within your union who are certified to provide advice.

3. Voluntary sector advisors. These can include individuals working at advice centres who are certified to provide legal advice so long as you are not paying them for it.

4. Others, such as chartered legal executives. Some legal executives employed by regulated law firms can also provide advice, but their role can be more limited.

Not all advisors are equal when it comes to expertise. Here's why choosing a solicitor, specifically one who specialises in settlement agreements, can make a world of difference.

Why choose a specialist solicitor?

First and foremost, settlement agreements are legal documents, and not just any legal document, but one that could affect your ability to bring future claims, secure compensation, and protect your reputation. The terms and conditions of these agreements can be complex, and there's often little room for error. A solicitor who focuses specifically on settlement agreements will have the in-depth knowledge to spot issues that a general advisor might miss.

Here's why you should seriously consider going with a solicitor, particularly one with expertise in this field.

1. Expertise in employment law. While a trade union advisor or a voluntary sector worker might be able to explain the basics, a solicitor who specialises in settlement agreements will bring a much deeper understanding of employment law. They will have seen countless agreements, negotiated with all kinds of employers, and know how to identify potential pitfalls or opportunities to improve your outcome. In my experience, specialist solicitors are often able to spot ambiguities or unfavourable clauses in the agreement that others might overlook. Whether it's identifying overly restrictive confidentiality clauses, unfair non-compete provisions, or a need to clarify the settlement sum, you want someone in your corner who's dealt with these exact issues before.

2. Tailored negotiation skills. A settlement agreement is not always set in stone. Yes, the document you receive may look final, but an experienced solicitor can often negotiate a better deal on your behalf. This could include securing a higher financial settlement, extending your notice period, or adding favourable references into the agreement, things that go beyond simply understanding the document. Specialist solicitors know what is reasonable to ask for and can push back against terms that aren't in your best interests. They can understand the nuances of the employer-employee relationship and can advise you on what's possible in negotiations, which often results in a better deal than you might get with a less experienced advisor.

3. Ensuring full protection of your rights. One area where settlement agreements can be particularly tricky is around the waiver of future claims. You don't want to find yourself in a position where you've unknowingly given up right to bring a legitimate claim because the agreement wasn't drafted correctly. A specialist solicitor will ensure that the scope of claims you are waiving is fair and limited to what is necessary. This is especially important in cases where there may be ongoing issues such as potential claims for discrimination, harassment or whistleblowing. Without proper advice, you could unintentionally waive your rights to seek redress in future legal actions.

4. Keeping you ahead of changes in the law. Employment law is constantly evolving and settlement agreements are no exception. For example, following the #MeToo movement, the government has proposed changes to how confidentiality clauses, or so-called gagging clauses, in settlement agreements should be handled. A specialist solicitor will be up to date on these developments and can ensure that any agreement you sign is compliant with current and forthcoming regulations.

5. Finally, there's peace of mind. Any solicitor advising on a settlement agreement must have professional indemnity insurance. This means that if anything goes wrong, you have protection. But more than just insurance, a specialist solicitor will give you the confidence that the advice you're getting is comprehensive and fully aligned with your best interests. When it comes to signing a document that could impact your career and future livelihood, you want nothing less than that assurance.

The risks of choosing non-specialist advice

While non-solicitor advisors can offer competent advice within their scope, the reality is that they may not have the same breadth of experience or the ability to provide the more tailored strategic guidance a specialist solicitor can. In some cases you may even find that advice from a non-specialist advisor leaves you with unanswered questions, or worse, in a position where you're not fully protected.

In the case of Allison v University Hospitals of Morecambe Bay NHS Trust, the settlement agreement was ruled invalid because the claimant didn't receive proper independent advice. This underscores just how crucial it is to get the right advisor.

A settlement agreement is more than just a formality. It is a legally binding contract and you don't want to leave your future in the hands of anyone but an expert.

So what's the takeaway?

Yes, there are a few different routes you could go down to get independent legal advice on your settlement agreement. But if you want the best possible outcome, Choose a solicitor who specialises in settlement agreements. They'll provide you with expert guidance, ensure your rights are protected, and help you achieve the most favourable result.

If you're facing a settlement agreement and are wondering what to do next, don't hesitate to get in touch. I'm a specialist settlement agreement solicitor dedicated to making sure your agreement works for you.

Thank you for tuning in to this episode of The Settlement Agreement Solicitor.

If you found this helpful, please subscribe and share it with anyone who you think might benefit from this advice.

I am Geoffrey Caesar, reminding you to seek the right advice.

And until next time, stay informed and stay empowered.