Employment Law Solicitors Kingston
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Settlement Agreement Solicitors
If you can reach an agreement with your employer without going to a tribunal, this can be recorded in a ‘Settlement Agreement’. This is a legal document that confirms the terms of the settlement you have agreed to, in exchange for which you give up your legal claim against your employer. You may be able to get your employer to make a contribution to your legal costs as part of the agreement.
A settlement agreement is an agreement made between an employer and an employee who is having their contract of employment terminated. It sets out the terms under which the termination will take place and contains a provision that the employee will receive a lump sum payment. It is normal for such an agreement to contain a clause to the effect that as a result of the agreement, the employee will not take any legal action as regards the termination of their employment. The agreement, therefore, acts as a protection for the employer. Normally in such circumstances, payments up to 30,000 are exempt from a charge to income tax.
To be accepted as a full and final settlement, the agreement must be in writing and relate to the particular proceedings. It must be entered into by the employee under independent advice and the adviser must be identified in the agreement and must have professional indemnity insurance covering the advice given. The agreement must also state that the above conditions are satisfied.
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